Lawsuit filed over North Dakota accepting mailed-in ballots 13 days after Election Day


The Public Interest Legal Foundation filed a federal lawsuit in the United States District Court of North Dakota claiming North Dakota’s laws that accept and count ballots up to 13 days after Election Day violate federal law. Alaska has a similar law that allows ballots to arrive 13 days later, so long as they were postmarked by midnight on Election Day.

Federal law requires a single national Election Day to be held on “the first Tuesday after the first Monday in November of every even-numbered year.” In fact, every mention of Election Day in federal law is singular, not plural, the legal group says.

North Dakota and Alaska are not alone in accepting mail ballots that arrive after Election Day.

In total, 18 states and the District of Columbia accept ballots that arrive after Election Day. Besides North Dakota and Alaska, they include California, Illinois, Kansas, Maryland, Massachusetts, Mississippi, Nevada, New Jersey, New York, North Carolina, Ohio, Oregon, Texas, Utah, Virginia, Washington, D.C., and West Virginia.

“Election Day has ceased to be a day,” said PILF President, J. Christian Adams. “Instead, we have election month because states accept ballots that arrive days and even weeks after Election Day. Not only does this lead to distrust and chaos in the system, but it also violates federal law. PILF is fighting to end this lawlessness and restore the day in Election Day.”

Read PILF’s complaint in Mark Splonskowski v. Erika White here.


  1. The answer is simple- do away with mail in ballots. Show up in person with an ID and vote. If you can’t get off your lazy butt for 1 day and go vote in person then you shouldn’t be deciding who is in office.

    • Agree.
      I will allow for absentee ballots with a reason, not because you are too lazy to get out.

    • That’ll just elect more Democrats–they have the time to go stand in line for hours on end during election day since they don’t have jobs like Republicans! And let’s remember that in Alaska, the November election day can be during a terrible weather spell and our seniors (Republicans) may not be able to readily make it to their local polling location.

      • I get so sick of this lame excuse.

        If Republicans can’t find the time to vote, they deserve what they get. A hard left government.

      • Statistically,republicans do more in person voting 3-1 than democrats. Even if you look at the last presidential election, Trump was ahead almost 3-1 by in person voting.

        • Problem is, the left killed him in early voting, ballot harvesting, drop boxes, etc.

          I’m no fan of open ended voting, but it’s how the game is played now. RVC is coming fast nationwide. The right better learn the rules and play it better if they want to win.

      • Excuses… excuses…
        Seriously, that is crap. Not buying it. Besides, the people publicly pushing for mail in voting are not seniors, nor are they conservatives. They are working age people with leftists signs in front of their house declaring how tolerant they are.

    • Probably not very. Especially if the people at the voter tabulation end aren’t bothering to look.

      Reasonable people can disagree on stolen elections. But it’s indisputable our election system is in massive need of an overhaul.

    • Take about 3 seconds per. Then to be scrutinized for zero seconds by a imbedded “volunteer “ to then be pushed down the table to a HIGHLY trained signature analyst (wink)

  2. Why is MRAK going after the voting rights of US citizens protecting our freedom overseas by serving in the military?

    • I don’t think that’s the intent. Probably just a case of friendly fire. I can tell you that I’ve been all over North and South Dakota and during and right after a rainstorm most of those rule roads are impassable as they are covered with a sort of red clay that gets slicker than snot. Many times I found myself comfortable just staying in the ditch and driving down there because there was no staying up on the road service. Factor in blizzards and snowstorms and November in the North country and you have plenty of reasons why a rural citizen would want to mail in their ballot

    • That’s only the voice in your head. Seems it affects your ability to read.

      Go have some soup, lie down, and watch the West Wing.

    • Frank, the old adage about keeping your mouth shut and letting people assume you are ignorant, instead of opening it and removing any doubt applies to your comment here.
      Sorry but you obviously did not get the point of the article, and it shows.

  3. Obviously why so many extra ballots are printed. If it isn’t going your direction, you have two weeks to get busy. Separate the ballots from the envelopes then trash the envelopes. Not rocket science. The city clerk will inform if you need more votes.

  4. Mail in voting should only be by special request for travel or physical inability to vote in person. Everyone else should vote in person on Election Day. The drawn out gathering and counting is all engineered by the left. Seems another ballot initiative is in order since our elected officials will not do the right thing.

  5. I have been studying postmarks for over 30 years while accepting rent payments via mail for 270 rental units. The leases dictated the date payment was received was the postmark on the envelope.
    During the last 20-years, we found at least 50% of postmarks to be illegible with no date discernable. About 5% of the pieces had no postmark at all. We discovered one of our tenants, a USPS employee with access to a post machine, was fraudulently back-dating the postmark on her late rent payments. We also learned she was doing the same for other tenants. We advised the post office who investigated and verified the crime was occurring yet they did nothing–no discipline–just a warning and ceremonial slap on the wrist.

    In summary, the USPS is an organizational train-wreck. The entire concept of postmarks in the USA is a ridiculous joke. It cannot be depended upon for ballot processing.

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