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NEW: In a 2-1 decision, the 8th Circuit ordered Minnesota to set aside and not count absentee ballots received after Election Day until legal challenges to a later deadline the state agreed to is all over — meaning those ballots could be invalidated https://assets.documentcloud.org/documents/7278472/10-29-20-Carson-v-Simon-8th-Circuit.pdf">https://assets.documentcloud.org/documents...
The 8th Circuit ordered MN to segregate absentee ballots that arrive after Nov. 3 in a way that would allow them "to be removed from vote totals in the event a final order is entered by a court of competent jurisdiction determining such votes to be invalid or unlawfully counted"
Judge Jane Kelly dissents, noting MN has sent 1.7M+ ballots saying it& #39;s okay if absentee ballots postmarked by Election Day arrived up to a week later: "The court’s injunctive relief will cause voter confusion and undermine Minnesotans’ confidence in the election process"
Kelly writes that it& #39;s not clear what exactly MN is supposed to do with this order, which only applies to votes in the presidential race — can officials separate out those votes from others on the same ballot? Should they separately count the separated votes? What& #39;s the timing?
I read the majority opinion to mean the segregated votes won& #39;t be officially counted while the litigation is pending, but this footnote in Kelly& #39;s dissent indicates that she& #39;s not sure if her colleagues were actually clear on that front
The majority opinion was per curiam, which means neither judge involved — Judge Bobby Shepherd, a W. nominee, and L. Steven Grasz, a Trump nominee — signed it as the main author. Kelly is the only judge on that court right now who was nominated by a Dem president (Obama)
New: Minnesota officials are urging voters to return absentee ballots in person — and *not* to put them in the mail anymore — after the 8th Circuit suddenly injected new uncertainty and warned votes received after Election Day might be invalidated https://www.buzzfeednews.com/article/zoetillman/minnesota-drop-off-ballots-in-person-court-election">https://www.buzzfeednews.com/article/z...
Minnesota SoS Steve Simon said tonight that ~399K absentee ballots haven& #39;t been returned yet, although it& #39;s possible some of those could already be en route in the mail now and might make it in by Nov. 3.
"Don& #39;t risk it. Don& #39;t put it in the mail." https://www.buzzfeednews.com/article/zoetillman/minnesota-drop-off-ballots-in-person-court-election">https://www.buzzfeednews.com/article/z...
"Don& #39;t risk it. Don& #39;t put it in the mail." https://www.buzzfeednews.com/article/zoetillman/minnesota-drop-off-ballots-in-person-court-election">https://www.buzzfeednews.com/article/z...
