North Dakota’s Challenge to Mail-In Ballots is Rejected by Federal Judge

Paresh Jadhav

10 months ago

On Friday, a federal judge overruled a challenge brought forward by county auditor Mark Splonskowski and supported by the Public Interest Legal Foundation that would have prevented mail ballots from being counted in North Dakota. Their lawsuit claimed there is inconsistency between state law and federal law regarding how to count ballots received after Election Day is completed.

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Judge Dismisses Challenge to Mail-in Ballots in North Dakota

North Dakota voters scored an important win when a federal judge dismissed a lawsuit challenging North Dakota law allowing ballots postmarked prior to election day to count up to 13 days later, provided they are postmarked before that date. The lawsuit had been brought by a county election official supported by an organization aligned with former President Trump.

U.S. District Judge Daniel Traynor issued his ruling that Burleigh County Auditor Mark Splonskowski does not have standing to file this lawsuit because he failed to demonstrate how state laws on mail-in voting have caused any harm or inconvenience for him personally. This comes just one week after the Republican National Committee (RNC) filed suit challenging Mississippi’s absentee ballot receipt deadline which allows military voters extra time due to logistical restrictions.

Judges’ rulings highlight the significance of consistent ballot receipt deadlines across the country to protect voters from disenfranchisement by enabling them to vote in their home states regardless of where they live – especially military members and overseas voters who may face additional barriers when casting their votes.

Judge Dismisses Challenge to Voter ID Law

North Dakota voters must present identification to vote, but critics claim the requirement unjustly burdens certain voters – particularly poor and minority voters who struggle to afford government ID or verify their address. A federal judge on Wednesday dismissed a lawsuit challenging North Dakota’s voter ID law.

The ruling came one week after a similar one on a Republican lawsuit in Mississippi backed by the Republican National Committee and targeting a state law allowing mail-in ballots to be counted 13 days post Election Day.

In this case, the federal judge in Bismarck found that Burleigh County Auditor Mark Splonskowski did not have approval from county leaders to sue North Dakota Election Director Libby Schaaf directly and in his official capacity. He strongly disapproved of his lawsuit being supported by conservative Public Interest Legal Foundation; earlier this year they also brought suit against Texas law requiring voters to present photo identification at polling places.

Judge Dismisses Challenge to Voter Registration

North Dakota’s top election official deems an anti-voter ID lawsuit filed by the Public Interest Legal Foundation without merit, which specializes in filing suits to safeguard “voter integrity”.

This week, NARF and its clients challenged a state order allowing officials to continue enforcing laws that discriminate against Native American voters, violating the Voting Rights Act. NARF contended that state was using taxpayer money to defend an unlawful map that dilutes Native votes.

Judge Ann Peacock dismissed the lawsuit because the plaintiffs failed to meet an exacting standard in their arguments against ID provisions that are “deliberately vague or indefensible,” she ruled. As such, tribal members can vote in 2024 while Governor Doug Burgum’s new law that goes into effect this year may make casting ballots harder for many voters.

Judge Dismisses Challenge to Voter Turnout

As the 2024 election draws nearer, pro-voting groups have made headway in challenging the GOP and its anti-voting allies. One success included helping an absentee voter with disabilities return her ballot by mail by having someone else do it instead; another case against Wisconsin’s arcane witness requirements could change how people with disabilities vote, guaranteeing their ballot won’t be rejected due to witness shortage.

As another victory for voters, a federal judge dismissed a lawsuit brought against Mississippi by the Republican National Committee and other entities challenging its law allowing ballots to be counted up to 13 days post-Election Day. He held that Burleigh County auditor Mark Splonskowski had no standing to bring this legal challenge due to failing to demonstrate a conflict between state and federal law regarding mail-in ballots received after Election Day should counted; and could not meet the burden of proof needed to prove how changes in voting rules would result in loss votes among minority voters.