Eighteen states, DC accept ballots after Election Day, with North Dakota’s deadline facing lawsuit

From Just the News:

North Dakota is facing a lawsuit over its acceptance of mail-in ballots 13 days after Election Day and is among 18 states and Washington, D.C., that accept and tabulate ballots post-election. 

For absentee ballots to be accepted by mail in North Dakota, they must be postmarked the day before Election Day and received before the county’s canvassing board meets, which is the 13th day after the election. The state’s law was changed in 2021 to extend a 6-day deadline for accepting ballots after the election to 13 days, according to PILF. 

According to federal law, the lawsuit contends, Election Day is one day. 

The filing states, “Federal law prescribes votes to be tabulated on Election Day, as every mention of the day is singular, and not plural.” 

While PILF is suing North Dakota, Judicial Watch is suing the Illinois State Board of Elections for its 14 days of accepting ballots after Election Day. The lawsuit is ongoing and also makes the argument that federal law requires Election Day be a single day. 

Bis said that the plaintiff is “seeking clarity about his obligations” in his capacity as the county auditor “because he has to choose to violate state or federal law” while administering elections. 

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