A federal judge on Sunday upheld Minnesota’s extended absentee ballot deadline. The deadline allows election officials in Minnesota to count absentee ballots postmarked on election day that are received within a week of the election.
In upholding the deadline, Judge Nancy Brasel found that the Republican Party of Minnesota Electors who brought the suit lacked standing to sue:
Regardless of how the Electors characterize the challenged ballots, the ballot‐counting unfolding under this new “Election Week” will face strong incentives to cast a ballot, and those who already cast their ballot will find new incentive to vote again. This is not a “specter;” it’s called “human nature.” The Court is at a loss to understand the Electors’ claim as anything other than an argument that it is human nature to commit voter fraud—a felony in the State of outcome is the same: allegations of vote dilution due to the counting of hypothetical, allegedly unlawful ballots is a generalized grievance that does not confer standing. … The Electors’ claim rests upon the implied assumption that counting absentee ballots received after Election Day will decide the election against their candidate. The Court cannot find standing in an implied and theoretical assumption. … Even if the Electors had established Article III standing, they also lack prudential standing because they are asserting the rights of third parties—not their own. Apart from Article III standing, courts also decline to reach the merits of a case when the plaintiff lacks prudential standing.
This decision that allows a for absentee ballot deadline extension is one among many decisions nationwide over election rules. The same day as the Minnesota decision, a federal judge dismissed a challenge to ballot drop-boxes in Pennsylvania. Federal courts recently determined mail-in ballot deadlines for Indiana, Wisconsin and Michigan. Likewise, federal courts have determined witness requirements in Rhode Island. North Carolina had federal courts determine both mail-in deadlines and witness requirements.
The Republican Party of Minnesota has appealed Sunday’s decision to a federal appeals court.