Judge dismisses lawsuit challenging North Dakota’s mail-in ballot-counting practices
U.S. District Court Judge Daniel Traynor ruled against Burleigh County, North Dakota Auditor Mark Splonskowski in a lawsuit over the state’s mail-in ballot-counting practices. The lawsuit, backed by a pro-Trump legal group, was discarded after Splonskowski failed to demonstrate that the law harmed him or violated his constitutional rights.
Concerns over violation of federal law
Splonskowski’s challenge specifically concerned the acceptance of mail-in ballots after Election Day, arguing that it runs afoul of federal law. According to Traynor, Splonskowski’s position is deeply concerning because it advocates for violating the law he was elected to enforce.
Judge highlights potential impact on overseas and military voters
Traynor also expressed concern that if Splonskowski’s reasoning in the lawsuit were successful, it could be utilized against the rights of overseas and military voters to cast their ballots. The judge emphasized that this is a troubling position for an elected official to take.
Recommendation to seek legal opinion
Traynor suggested that Splonskowski should have sought an opinion from the local state’s attorney regarding the alleged legal conflict before bringing the lawsuit. The judge even warned that seeking such an opinion before the next election may help avoid potential prosecution or removal from office.
Secretary of State welcomes ruling
North Dakota Republican Secretary of State Michael Howe welcomed the ruling, considering it a win for the rule of law and for military and overseas voters. In the November 2022 general election, approximately 29% of North Dakota voters cast their ballots by mail.
Disappointment from the plaintiff
The Public Interest Legal Foundation, which backed Splonskowski’s lawsuit, expressed disappointment in the court’s ruling. They believe that unresolved elections undermine confidence and that federal law should be followed.
Background on the lawsuit
Splonskowski filed the lawsuit against the state election director, arguing that he faces an impossibility in enforcing the law regarding the acceptance of mail-in ballots received after Election Day. The lawsuit claimed a conflict between federal and state law and potential criminal penalties for Splonskowski.
Similar lawsuits targeting mail-in ballots
In addition to Splonskowski’s lawsuit, Republican entities, including the Republican National Committee, recently filed a similar lawsuit targeting mail-in ballots received after Election Day. Political observers warn that these efforts could disenfranchise or penalize voters if successful.
