FiveThirtyEight
Amelia Thomson-DeVeaux

Michigan's On-Going Battle Over Late-Arriving Ballots

In Michigan, one of the most hotly disputed issues in the lead-up to Election Day is over what to do with late-arriving ballots. And on Friday, a state appeals court delivered a setback to supporters of a more generous timeline. The court reversed a September ruling from a a state court judge, which said that mail ballots postmarked by Nov. 2 must be counted as long as they are received within two weeks of the election.

The Republican-controlled state legislature had pushed to appeal this decision, and the three appellate judges ruled in their favor, saying that deadlines should be up to the legislature, not the judiciary. Similar absentee ballot extensions in states like Wisconsin and Indiana have also been overturned by higher courts. It’s unclear whether the ruling will be appealed to the Michigan Supreme Court — but in the meantime, Michigan Secretary of State Jocelyn Benson is encouraging voters to mail ballots by today to ensure they’re counted. Otherwise, Benson said, ballots should be placed in official drop boxes or hand-delivered to election clerks.


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