Just the News:
With memories of Bush v. Gore in 2000 hanging over this Tuesday’s presidential election, a record number of mail-in ballots has resulted in a large number of court cases across the country in many battleground states. They range from local cases all the way up to the Supreme Court, and cover a wide range of issues. The rulings could determine the outcome of the election, as most of the focus is on whether or not ballots will be accepted after Election Day, and by how many days.
Election rules differ from state to state, which is why some extensions are allowed while other states have clear rules on an Election Day deadline.
The former Attorney General of Kansas Phill Kline told Just the News that only valid votes should be counted.
“It’s this type of after-Election Day finding of ballots that invites the most significant fraud because then you know the number of ballots you need to win,” Kline said in an interview
“You just don’t invite this after-the count-go-find-your-ballots-to-win type of approach to elections,” Kline argued, “and unfortunately that’s what many blue state governors and election officials are trying to do.”
Kline explained that the push to change the rules in the middle of an election is like someone reserving the right to change the rules of baseball during the middle of a game. “We should not invite fraud in such a significant election, but unfortunately in much that’s been done, we’ve taken down our guard to allow it,” he said.
The following is a list of the major court cases filed in relation to mail-in ballots and deadlines for receiving ballots in each state.
A federal appeals court determined that all mail-in ballots must be received by Election Day in order to count. The 2-1 decision by the 8th U.S. Circuit Court of Appeals eliminates a week-long, post-Election Day grace period for late ballots ordered by Minnesota’s secretary of state. A state law says ballots delivered to election officials after 8 p.m. on Election Day are to be considered late, and any received after that should be set aside and not counted.
The Supreme Court voted 5-3 to leave the state’s Nov. 12 deadline in place, allowing for mail-in ballots to be received and counted for up to nine days after Election Day.
The Supreme Court left in place a grace period that will allow ballots to be accepted up to three days after the election, even without a postmark. The secretary of state says unless there is evidence the ballot was mailed after the deadline, they will be accepted.