Election Day may be more of an expression than a reality in 18 states and the District of Columbia, all of which accept mail-in ballots after that once-fixed day.
Of those 18 states, nine accept ballots more than a week after in-person voting ends—and the breakdown isn’t strictly by red and blue states.
In North Dakota, Burleigh County Auditor Mark Splonskowski, a Republican, sued the state for counting ballots 13 days after Election Day. As the defendant, he named Erika White, elections director for North Dakota Secretary of State Michael Howe, a Republican, who is the state’s top election official by holding that office.
North Dakota allows fewer days than Illinois and Utah, which counts ballots 14 days after Election Day.
The Public Interest Legal Foundation, an election integrity watchdog, is representing Splonskowski, Burleigh County’s auditor. The organization posted an interactive map showing how long the 18 states in question allow counting after Election Day.
In all cases, mail-in ballots are supposed to be filled out and postmarked before Election Day.
The complaint, filed in U.S. District Court for the District of North Dakota’s Northwest Division, contends that counting ballots after Election Day is a violation of federal law, which requires a single national Election Day to be held on the first Tuesday after the first Monday in November. Also, every mention of Election Day in federal law is singular, not plural.
A ruling in one federal court could have a national impact.
“Election Day has ceased to be a day,” J. Christian Adams, president of the Public Interest Legal Foundation, said in a written statement. “Instead, we have election month because states accept ballots that arrive days and even weeks after Election Day. Not only does this lead to distrust and chaos in the system, but it also violates federal law.”
Adams said his group “is fighting to end this lawlessness and restore the ‘day’ in ‘Election Day.’”
The North Dakota Secretary of State’s Office did not respond to phone and email inquiries by The Daily Signal this week and last week.
Here’s how long each of the 18 states at issue—plus the District of Columbia—continue counting ballots after Election Day, according to the legal foundation and the National Conference of State Legislatures:
Alaska: Ballots are counted 10 days after Election Day and mailed out up to 25 days before in this state, where counting has been made more confusing by the system called ranked choice voting.
California: Ballots are counted seven days after Election Day in the union’s largest state and mailed out 29 days beforehand.
District of Columbia: Ballots are counted seven days after Election Day and are mailed out at a “non-specified” time.
Illinois: Mail-in ballots are counted 14 days after Election Day and mailed out up to 40 days before.
Kansas: Ballots are counted three days after Election Day and sent out 30 days before.
Maryland: Ballots are counted 10 days after Election Day and sent out 40 days before.
Massachusetts: Ballots are counted for three days after in-person voting ends and sent out 30 days before.
Mississippi: Ballots are counted five days after Election Day and sent out 40 days before.
Nevada: Ballots are counted four days before Election Day and sent out by a “non-specified” day before.
New Jersey: Ballots are counted six days after Election Day and sent out 45 days before.
New York: Ballots are counted three days after Election Day and sent out 32 days before.
North Carolina: Ballots are counted for three days after Election Day and go out 60 days before.
North Dakota: Mail-in ballots are counted 13 days after Election Day and sent out 40 days before.
Ohio: Ballots are counted 10 days after the election and are sent out 29 days before.
Oregon: Ballots are counted seven days after Election Day in this state with all-mail-in elections, and are sent out 20 days before.
Texas: Ballots are counted one day after Election Day and go out 45 days before.
Utah: Mail-in ballots are counted for a full two weeks, 14 days, after Election Day and mailed out up to 21 days before.
Virginia: Ballots are counted three days after Election Day and go out 45 days before.
West Virginia: Ballots are counted five days after Election Day and sent out 46 days before.
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