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

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'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'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's the timing?

I read the majority opinion to mean the segregated votes won't be officially counted while the litigation is pending, but this footnote in Kelly's dissent indicates that she'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

Minnesota SoS Steve Simon said tonight that ~399K absentee ballots haven't been returned yet, although it's possible some of those could already be en route in the mail now and might make it in by Nov. 3.

"Don't risk it. Don't put it in the mail." https://www.buzzfeednews.com/article/zoetillman/minnesota-drop-off-ballots-in-person-court-election