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Court: Minnesota overdue absentee ballots must be separated



Updated: 7:32 pm

A three-judge panel of the U.S. Court of Appeals for the Eighth Circuit said Thursday that absentee ballots entering Minnesota after Election Day should be separated from the rest of the ballots to prevent future orders from invalidating those ballots.

This ruling will not prevent Minnesota from extending the extension of absentee ballots to 7 days-but it does order a lower court to issue a ruling to separate late ballots so that it can be “subjected to a final order from the total number of votes. Deleted “enter” and found them illegal.

The appeal court said: “The secretary should issue guidance to the relevant local election officials to comply with the above instructions.”

Republicans argued that due to the COVID-1

9 pandemic, the extension has been approved in state and federal courts, violating federal laws that set November 3 as the day of the 2020 election.

The case is now back to the United States District Court Judge Nancy Brasel (Nancy Brasel), who previously upheld an agreement in the state court that allowed for election day or November 10 Ballots previously stamped are counted. Going out will cause confusion.

Judge Bobby Shepard, the appointment of President George W. Bush, heard the case. Judge Jane Kelly, appointed by President Barack Obama; and Judge Steven Glass appointed by President Donald Trump, L. Kelly disagreed with the majority opinion.

Republicans tried to prevent the expansion of voters across the United States, and the Minnesota ruling was obtained after the US Supreme Court heard a similar expansion plan, with mixed results. The U.S. High Court recently extended the three-day extension for counting the absentee votes in Pennsylvania, but refused to reinstate the six-day extension in Wisconsin.

As of last Friday, nearly 2 million voters in Minnesota have requested absentee ballots, of which more than 500,000 votes have not been completed.

Most states require mailed ballots to be received before election day, while other states require stamping after election day, even days or weeks later. Some states have made changes, citing the proliferation of absentee votes due to the coronavirus pandemic.

In Minnesota, state law requires absentee ballots to be received by 8 pm on election day. However, due to COVID-19 considerations, the consent order reached by the state court changed the rules, so ballots postmarked on or before November 3 can be accepted for up to 7 days after the election. The decree stipulates that if a ballot is mailed without a postmark, unless there is other evidence, election officials should assume that the mailing was mailed before election day.

Republican State Representative Eric Lucero (Eric Lucero) and Republican activist James Carson (James Carson), if President Donald Trump (Donald Trump) carries Minnesota, both will participate in the electoral college, They opposed the state agreement and submitted the case to federal court. Their lawsuit was supported by a conservative and honest election plan, and they argued that postponing the election would count “illegal” votes after election day, causing confusion and diluting the value of their votes.

In their appeal, they argued that the extension of time intact could result in the disqualification of thousands of ballots cancelled after November 3.

But the attorney for Democratic Secretary of State Steve Simon said that the extension should stay in place, believing that blocking the extension will cause confusion and may deprive voters of their voting rights, who rely on the information they have received about returning it by mail. An indication of the deadline for ballot papers.

The consent decree was formulated after a legal challenge by a citizen group concerned about the safety of voters during the pandemic, and was approved by Simon.

“The court’s ruling caused a huge and unnecessary interference with the Minnesota elections a few days before the election day. The last-minute change may cause voters in Minnesota to lose their right to vote, while Minnesotaans rely on the scheduled 2020 elections. Rules, these rules were formulated before the primary election on August 11 and have been accepted by all political parties. Simon said in a press release: “It is deeply disturbing that the people who filed the lawsuits are conservative lawmakers and Presidential electors, they try to sabotage the system for political gain. “

He added that voters should no longer post their absentee ballots, but should submit their ballots to the county election office, or vote in absentia before November 2, or vote in person on election day.

In addition, the campaign against Trump and Republican candidates for state legislature filed a complaint with the Minnesota Supreme Court this week, requesting that the mailed ballots received after election day be separated to prevent their legality from being questioned.

The chairman of the Minnesota Republican Party, Jennifer Carnahan, said in a statement that they praised the decision to maintain the “integrity of the election and confirm election day” on November 3.

Kanahan said in a statement: “The pandemic has caused drastic changes in many areas of life, but hiding behind the pandemic to manipulate the election process is not democratic. We appreciate our laws and the interpretation of these laws is very important.”

DFL Party Chairman Ken Martin said in a press release that the ruling was an “attack on democracy” and was intended to silence the voice of Minnesota.

“Such ridiculous and misleading opinions will discard the rules that have been established since the beginning of the vote in September. Now, there are only five days before election day, and Republicans will surely fail in the polls. The Republicans are responsible for depriving thousands of people. The people of Minnesota who are going to vote by mail in the coming days have the right to vote.”

Trump almost missed the winning state of Minnesota in 2016 and vowed to become the first Republican to occupy the state since Richard Nixon in 1972. But recent polls show that Joe Biden is in the lead.

Read the 8th Circuit ruling

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