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Utah, Illinois, North Dakota Count Ballots 2 Weeks After Election Day

  

Category:  News & Politics

Via:  vic-eldred  •  last year  •  34 comments

By:   dailysignal (The Daily Signal)

Utah, Illinois, North Dakota Count Ballots 2 Weeks After Election Day
In a North Dakota case, Public Interest Legal Foundation argues that counting ballots after Election Day violates federal law.

S E E D E D   C O N T E N T


Election Day may be more of an expression than a reality in 18 states and the District of Columbia, all of which accept mail-in ballots after that once-fixed day.

Of those 18 states, nine accept ballots more than a week after in-person voting ends—and the breakdown isn't strictly by red and blue states.

In North Dakota, Burleigh County Auditor Mark Splonskowski, a Republican, sued the state for counting ballots 13 days after Election Day. As the defendant, he named Erika White, elections director for North Dakota Secretary of State Michael Howe, a Republican, who is the state's top election official by holding that office.

North Dakota allows fewer days than Illinois and Utah, which counts ballots 14 days after Election Day.

The Public Interest Legal Foundation, an election integrity watchdog, is representing Splonskowski, Burleigh County's auditor. The organization posted an interactive map showing how long the 18 states in question allow counting after Election Day.

In all cases, mail-in ballots are supposed to be filled out and postmarked before Election Day.

The complaint, filed in U.S. District Court for the District of North Dakota's Northwest Division, contends that counting ballots after Election Day is a violation of federal law, which requires a single national Election Day to be held on the first Tuesday after the first Monday in November. Also, every mention of Election Day in federal law is singular, not plural.

A ruling in one federal court could have a national impact.

"Election Day has ceased to be a day," J. Christian Adams, president of the Public Interest Legal Foundation, said in a written statement. "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."

Adams said his group "is fighting to end this lawlessness and restore the 'day' in 'Election Day.'"

The North Dakota Secretary of State's Office did not respond to phone and email inquiries by The Daily Signal this week and last week.

Here's how long each of the 18 states at issue—plus the District of Columbia—continue counting ballots after Election Day, according to the legal foundation and the National Conference of State Legislatures:

Alaska: Ballots are counted 10 days after Election Day and mailed out up to 25 days before in this state, where counting has been made more confusing by the system called ranked choice voting.

California: Ballots are counted seven days after Election Day in the union's largest state and mailed out 29 days beforehand.

District of Columbia: Ballots are counted seven days after Election Day and are mailed out at a "non-specified" time.

Illinois: Mail-in ballots are counted 14 days after Election Day and mailed out up to 40 days before.

Kansas: Ballots are counted three days after Election Day and sent out 30 days before.

Maryland: Ballots are counted 10 days after Election Day and sent out 40 days before.

Massachusetts: Ballots are counted for three days after in-person voting ends and sent out 30 days before.

Mississippi: Ballots are counted five days after Election Day and sent out 40 days before.

Nevada: Ballots are counted four days before Election Day and sent out by a "non-specified" day before.

New Jersey: Ballots are counted six days after Election Day and sent out 45 days before.

New York: Ballots are counted three days after Election Day and sent out 32 days before.

North Carolina: Ballots are counted for three days after Election Day and go out 60 days before.

North Dakota: Mail-in ballots are counted 13 days after Election Day and sent out 40 days before.

Ohio: Ballots are counted 10 days after the election and are sent out 29 days before.

Oregon: Ballots are counted seven days after Election Day in this state with all-mail-in elections, and are sent out 20 days before.

Texas: Ballots are counted one day after Election Day and go out 45 days before.

Utah: Mail-in ballots are counted for a full two weeks, 14 days, after Election Day and mailed out up to 21 days before.

Virginia: Ballots are counted three days after Election Day and go out 45 days before.

West Virginia: Ballots are counted five days after Election Day and sent out 46 days before.


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Vic Eldred
Professor Principal
1  seeder  Vic Eldred    last year

I have two questions for our readers:

1) Do you understand what is wrong with allowing votes after election day, or to be more specific: after partial results have been made known?

2) Why are federal and local governments routinely not following federal laws?

 
 
 
SteevieGee
Professor Silent
1.1  SteevieGee  replied to  Vic Eldred @1    last year
Do you understand what is wrong with allowing votes after election day, or to be more specific: after partial results have been made known?

In all cases, mail-in ballots are supposed to be filled out and postmarked before Election Day.  How could anybody know partial results if you have to mail it on election day?

 
 
 
Vic Eldred
Professor Principal
1.1.1  seeder  Vic Eldred  replied to  SteevieGee @1.1    last year
How could anybody know partial results if you have to mail it on election day?

You aren't getting it.  Those states listed above didn't abide by the postmark rule.

 
 
 
SteevieGee
Professor Silent
1.1.2  SteevieGee  replied to  Vic Eldred @1.1.1    last year
Those states listed above didn't abide by the postmark rule.

You have some proof of that?  Or even a modicum of evidence?

 
 
 
SteevieGee
Professor Silent
1.1.3  SteevieGee  replied to  Vic Eldred @1.1.1    last year

Oh... and btw you didn't answer my question. 

How could anybody know partial results if you have to mail it on election day?

 
 
 
Vic Eldred
Professor Principal
1.1.4  seeder  Vic Eldred  replied to  SteevieGee @1.1.3    last year
How could anybody know partial results if you have to mail it on election day?

I did, but let me simplify:

They wouldn't UNLESS THEY WERE ALLOWED TO POSTMARK AND MAIL AFTER ELECTION DAY!

 
 
 
SteevieGee
Professor Silent
1.1.5  SteevieGee  replied to  Vic Eldred @1.1.4    last year
They wouldn't UNLESS THEY WERE ALLOWED TO POSTMARK AND MAIL AFTER ELECTION DAY!

So...  What you're saying, while providing no evidence, is that the entire US postal system is a part of a vast left wing conspiracy to inaccurately postmark ballots?

 
 
 
Vic Eldred
Professor Principal
1.1.6  seeder  Vic Eldred  replied to  SteevieGee @1.1.5    last year

Omg!  Where did you get that?

Did you read the article, Steevie?

Note this line:

In all cases, mail-in ballots are supposed to be filled out and postmarked before Election Day.

The implication is that states were accepting them regardless of the post mark date.

Do you get it now?

 
 
 
SteevieGee
Professor Silent
1.1.7  SteevieGee  replied to  Vic Eldred @1.1.6    last year
The implication is that states were accepting them regardless of the post mark date.

The implication?    Really?    Where's your Proof?

Where is your modicum of evidence?

 
 
 
Jasper2529
Professor Quiet
1.2  Jasper2529  replied to  Vic Eldred @1    last year

I have more questions. 

  • Did all of the 18 states always have such long before and after dates?
  • Did they always have mandatory, unsolicited mail-in ballots or did this only start with the 2020 presidential election under the pretense of Covid safety?

I've lived in 4 of the 18 states and never received an unsolicited mail-in ballot until 2020.

 
 
 
Vic Eldred
Professor Principal
1.2.1  seeder  Vic Eldred  replied to  Jasper2529 @1.2    last year

The vast majority of that was due to Marc Elias changing State election laws under the fake argument of the pandemic. States like PA never stood up for their rights under the Constitution.

 
 
 
SteevieGee
Professor Silent
1.3  SteevieGee  replied to  Vic Eldred @1    last year

The way I see it you need 3 things to have a free and fair election.

1.  Everybody who is eligible to vote and wants to vote gets to vote.

2.  Every vote gets counted.

3.  Nobody gets to vote more than once.

Nothing in the article suggests that any of these three things has not happened.  In fact, allowing a few days for the mail to get there makes it more fair.  Remember 2.  Every vote gets counted.

 
 
 
Vic Eldred
Professor Principal
1.3.1  seeder  Vic Eldred  replied to  SteevieGee @1.3    last year
The way I see it you need 3 things to have a free and fair election.

1.  Everybody who is eligible to vote and wants to vote gets to vote.

2.  Every vote gets counted.

3.  Nobody gets to vote more than once.

That's reasonable Steevie.


 In fact, allowing a few days for the mail to get there makes it more fair. 

I know it feels good. What about the law?

 
 
 
SteevieGee
Professor Silent
1.3.2  SteevieGee  replied to  Vic Eldred @1.3.1    last year
I know it feels good. What about the law?

You mean this law?

The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof

Tell me Vic, is it more important to have a free and fair election or is it more important to get it all done in one day?

 
 
 
SteevieGee
Professor Silent
1.3.3  SteevieGee  replied to  SteevieGee @1.3.2    last year

I guess Vic's left the building.  This whole thing seems to me like it's about finding some loophole in a law to justify NOT counting some ballots.  There are a lot of things that can happen to delay the counting of millions of ballots and IF there's some statute requiring all votes to be counted in one day it should be changed.  IF ALL LEGALLY CAST BALLOTS AREN'T COUNTED YOU DON'T HAVE A FREE AND FAIR ELECTION.  WHAT WE HAVE HERE IS AN ATTEMPT TO SUPPRESS VOTES AND DEFRAUD THE AMERICAN PEOPLE.

 
 
 
Greg Jones
Professor Participates
1.3.4  Greg Jones  replied to  SteevieGee @1.3.3    last year

With mail in balloting and early voting there is no good reason for any ballots arrive after the deadline, or for standing in long lines on election day. Here in Colorado mail in ballots are sent out about three weeks before election day, and need to be received by the time the polls close on election day. They are counted as they arrive.

Several state allow late arriving ballots to count, but that just slows down knowing the final results. From your comments, it sounds like you want illegal ballots to count

Mail-in ballots: When every state starts counting (cnn.com)

Wh Map: The states that accept mailed ballots after Election Day (nbcnews.com)

Map: The states that accept mailed ballots after Election Day (nbcnews.com)

 
 
 
SteevieGee
Professor Silent
1.3.5  SteevieGee  replied to  Greg Jones @1.3.4    last year

My ballot said, right on it and also on the envelope, that it must be postmarked on or before election day. That is the deadline.

Are you trying to tell me that any recounts are invalid unless they are completed on election day?  If that's the case, Arizona missed it by about 3 months.

 
 
 
Tessylo
Professor Principal
1.3.6  Tessylo  replied to  SteevieGee @1.3.5    last year

Yes, he/they are.

jrSmiley_78_smiley_image.gif

 
 
 
SteevieGee
Professor Silent
1.3.7  SteevieGee  replied to  Tessylo @1.3.6    last year

Oh, It's he/they?  My apologies.

 
 
 
Just Jim NC TttH
Professor Principal
1.3.8  Just Jim NC TttH  replied to  SteevieGee @1.3.5    last year

Didn't see anywhere where he said recounts. That would be ridiculously hard to do. Recounts are done if there is a disputed result and are carried out long after election day. Perhaps you meant something else.

 
 
 
Tessylo
Professor Principal
1.3.9  Tessylo  replied to  SteevieGee @1.3.7    last year

I was referring to the commenter and the other commenters that think no votes should be counted any time after voting day.

 
 
 
Tessylo
Professor Principal
1.3.10  Tessylo  replied to  Just Jim NC TttH @1.3.8    last year

I don't think he requires your assistance

 
 
 
Just Jim NC TttH
Professor Principal
1.3.11  Just Jim NC TttH  replied to  Tessylo @1.3.10    last year

[Deleted]

 
 
 
SteevieGee
Professor Silent
1.3.12  SteevieGee  replied to  Just Jim NC TttH @1.3.8    last year

So...  The American people who are just trying to vote should have a strict deadline but Arizona's governor can take all the time they want or need to try to come up with a way to change the outcome that the people will believe?

 
 
 
Tessylo
Professor Principal
1.3.13  Tessylo  replied to  Just Jim NC TttH @1.3.11    last year

I'm not offering any assistance.  I don't recall him asking for or needing yours.  

I know you have to have the last word so proceed.

 
 
 
Tessylo
Professor Principal
1.3.14  Tessylo  replied to  SteevieGee @1.3.12    last year

That's what it sounds like to me.

 
 
 
SteevieGee
Professor Silent
1.3.15  SteevieGee  replied to  Tessylo @1.3.9    last year
I was referring to the commenter and the other commenters that think no votes should be counted any time after voting day.

I know.  I was being facetious.

 
 
 
Just Jim NC TttH
Professor Principal
1.3.16  Just Jim NC TttH  replied to  SteevieGee @1.3.12    last year

Not at all. It should be limited to one recount as soon as is feasible. That was a shit show.

 
 
 
Just Jim NC TttH
Professor Principal
1.3.17  Just Jim NC TttH  replied to  Tessylo @1.3.13    last year

I don't recall him asking you to intervene and tell me he didn't need my assistance. By doing so, you took it upo0n yourself to "assist". That's the way the world works.

 
 
 
Tessylo
Professor Principal
1.3.18  Tessylo  replied to  Just Jim NC TttH @1.3.17    last year

Now you can have the last word

 
 
 
Tessylo
Professor Principal
1.3.19  Tessylo  replied to  Just Jim NC TttH @1.3.17    last year

I didn't offer any assistance so why are you going on and on and on about it?

 
 
 
Nerm_L
Professor Expert
2  Nerm_L    last year

Why are the barroom word tricks necessary?  Election offices can count and recount votes until the deadline to certify an election.  That's not the problem.  The problem is election offices accepting ballots after election day.  Election day is the deadline; if the ballot isn't received by then its not accepted.

Counting ballots may be an esoterically correct description but that language is only used to give wiggle room to those trying to mislead.  It's a shyster lawyer trick.  So, hang the lawyers and don't accept ballots after election day.

 
 
 
Ronin2
Professor Quiet
2.1  Ronin2  replied to  Nerm_L @2    last year

Are you going to make an exception for military serving the country overseas?

Doubt the US government knows how to do anything express with the mail coming from military serving in Syria, Iraq, Ukraine, etc.

 
 
 
Nerm_L
Professor Expert
2.1.1  Nerm_L  replied to  Ronin2 @2.1    last year
Are you going to make an exception for military serving the country overseas? Doubt the US government knows how to do anything express with the mail coming from military serving in Syria, Iraq, Ukraine, etc.

Election day is the deadline.  The military can ensure the ballots are received before election day and can assume 'chain of custody' responsibility for the ballots.  

Surely the military can plan for a deadline, can't they?

 
 

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