Appeals Court Says MN Absentee Ballots Arriving After Election Day Must Be Separated

A three-judge panel of the 8th U.S. Circuit Court of Appeals said Minnesota’s absentee ballots that come in after Election Day should be separated from the rest of the ballots, in case a future order makes those votes invalid.

Thursday’s ruling doesn’t block Minnesota’s seven-day extension for counting absentee ballots, but it does order a lower court to issue a ruling that would keep the late-arriving ballots separate. Republicans had argued that the extension – which had been approved in both state and federal courts due to the COVID-19 pandemic – violated federal law that establishes November 3rd as the date of the 2020 election.

Democrats said eliminating the extension would created voter confusion.