Federal Judge Rejects Challenge To Mail-In Ballots In North Dakota

A federal judge has dismissed a lawsuit challenging North Dakota's mail-in ballot law that allows ballots to be counted for days after Election Day.

A federal judge has dismissed a lawsuit brought by a legal foundation focused on election integrity cases that sought to invalidate a North Dakota law that allows mail-in ballots to be counted for 13 days after Election Day.

"North Dakota law and Defendant's enforcement of it harm Mr. Splonkowski because they put him in the position of having to choose between dictates of state law to accept and allow votes to be cast after Election Day and federal law that requires a single election day," the complaint reads.

A key argument in his lawsuit was that the U.S. Constitution provides that federal elections occur on one day, while North Dakota law allows for mail-in ballots to be counted for up to 13 days after Election Day so long as they're postmarked on or before the election.

Since North Dakota law requires him to count and certify votes arriving after Election Day, his attorneys said that "He faces an impossibility in enforcing the law" and risks a misdemeanor charge for failing to perform a duty as an election official or a felony for certifying a false canvass of votes.

"The only cause for his potential injury is himself because he states he will violate North Dakota election law," the judge wrote.

North Dakota's top election official, Secretary of State Michael Howe, a Republican, praised the ruling, calling it a "Win for the rule of law in North Dakota and a win for our military and overseas voters." 

https://www.theepochtimes.com/us/judge-rejects-challenge-to-mail-in-ballots-in-north-dakota-5579776?utm_source=partner&utm_campaign=ZeroHedge&src_src=partner&src_cmp=ZeroHedge