A Legal Battle Over Absentee Ballots Brewing In Minnesota

The 8th Circuit Court of Appeals has just ruled that Minnesota cannot count ballots that arrive after 8 p.m. on Nov. 3. Earlier this month, a federal judge upheld a state court agreement — originally approved in August — that allowed the counting of absentee ballots received up to seven days after Election Day, but state Republicans quickly appealed the decision.

In its ruling, the 8th Circuit wrote that the state legislature, not the secretary of state, had the authority to set election law. It also instructed the state to segregate the late-arriving ballots; it remains to be seen whether they will be counted.