Appeals court rules MN Absentee Ballots must be in by 8 P.M. on Election Day

Published: Oct. 29, 2020 at 6:36 PM CDT
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Minneapolis, Minn (Valley News Live) - Minnesota voters will now need to have their absentee ballots in by 8 p.m. on Election Day in order to be counted.

According to WCCO, the 8th Circuit Court of Appeals is making the change on a 2 - 1 decision, with Judge Jane Kelly dissenting.

Previously, a ballot postmarked on November 3rd would still be counted so long as it arrived within a week.

This ruling requires ballots to be physically received by the end of the polling period on Tuesday.

In the ruling WCCO received it reads, “However well-intentioned and appropriate from a policy perspective in the context of a pandemic during a presidential election, it is not the province of a state executive official to re-write the state’s election code, at least as it pertains to selection of presidential electors.”

The ruling also says the plaintiffs, which is the office of the Minnesota Secretary of State, did not show they were entitled to relief during the COVID-19 pandemic.

As of last Friday, there were 578,805 outstanding absentee ballots still not received.

The new figures will be released Friday, October 30th.

The decision does hold out the possibility of counting ballots later, with late ballots set aside.

It depends on what prospective future rulings determine.

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