Split federal appeals court tells Minnesota to kill mail-in ballot grace window 5 days before election


A three-judge panel of the U.S. Eight Circuit Court of Appeals ruled 2-1 late Thursday that any mail-in ballot received after 8 p.m. on Election Day needs to be set aside, overturning a state court–approved consent decree from July that allowed ballots postmarked by Election Day to be counted up to a week after Nov. 3. Minnesota's governor and secretary of state criticized the decision, which sided with two Republican presidential electors, and urged voters to either hand-deliver their absentee ballots, ASAP, or vote in person. President Trump's campaign cheered the ruling.
The two-judge appellate panel majority, appointed by Trump and fellow Republican George W. Bush, said only the state legislature, not the secretary of state, had the authority to extend the deadline to count ballots. "However well-intentioned and appropriate from a policy perspective in the context of a pandemic during a presidential election," the two judges wrote, "there is no pandemic exception to the Constitution."
In her dissent, Judge Jane Kelly, appointed by Democrat Barack Obama, said changing months-old rules five days before the election "will cause voter confusion and undermine Minnesotans' confidence in the election process." Minnesota Secretary of State Steve Simon said about 400,000 of the 2 million requested absentee ballots have not yet been returned.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
The two GOP-appointed judges are relying on a legal theory that "a majority of the Supreme Court has not endorsed — at least not yet" — and disregarding that the Minnesota legislature both "did not object" to the consent decree and "delegated the power to the secretary of state to take these steps," election law expert Rick Hasen writes. Also, "the Supreme Court has said that federal courts should be very wary of changing election rules just before the election," something called the Purcell Principle.
The idea that state legislators have the sole authority over voting rules, not state courts, was first asserted by a three-justice conservative minority — including Justice Clarence Thomas — in 2000's Bush v. Gore. Justices Brett Kavanaugh and Neil Gorsuch have embraced that theory this month as the Supreme Court takes an active role in deciding local election issues, and Justice Samuel Alito appears sympathetic. Chief Justice John Roberts signaled in a Pennsylvania case that he thinks federal courts shouldn't step on state legislatures' election authority but state courts can interpret state laws. Justice Amy Coney Barrett is expected to side with the four hard conservatives.
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.
-
Cytomegalovirus can cause permanent birth defects
The Explainer The virus can show no symptoms in adults
-
Summer in Seattle: Outdoor dining like nowhere else
Feature Featuring a patio with a waterfront view, a beer garden, and more
-
Ari Aster revisits the pandemic, Adam Sandler tees off again and Lamb Chop gets an origin story in July movies
the week recommends The month's film releases include 'Eddington,' 'Happy Gilmore 2' and 'Shari & Lamb Chop'
-
Trump U-turns on weapons to Ukraine
Speed Read Unhappy with Putin, Trump decides the US will go back to arming Ukraine against Russia's attacks
-
Ukraine scrambles as Trump cuts weapons deliveries
Speed Read The halting of weapons shipments was driven by Pentagon policy chief Elbridge Colby, a Ukraine funding skeptic
-
IAEA: Iran could enrich uranium 'within months'
Speed Read The chief United Nations nuclear inspector, Rafael Grossi, says Iran could be enriching uranium again soon
-
One year after mass protests, why are Kenyans taking to the streets again?
today's big question More than 60 protesters died during demonstrations in 2024
-
Iran nukes program set back months, early intel suggests
Speed Read A Pentagon assessment says US bombing of Iranian nuclear sites only set the program back by months, not years. This contradicts President Donald Trump's claim.
-
Trump says Iran and Israel agreed to ceasefire
Speed Read This followed a night of Israeli airstrikes on Tehran and multiple waves of missiles fired by Iran
-
Israel strikes Iran, killing military and nuclear chiefs
Speed Read Israeli officials said the attack was a 'preemptive' strike on Iran's nuclear program
-
Israel deports Thunberg after seizing Gaza aid boat
speed read The Swedish activist was delivering food and medical aid to Palestine, highlighting the growing humanitarian crisis there