Public Interest Legal Foundation (PILF) congratulated the State of North Dakota for enacting legislation restoring the integrity of Election Day by requiring that all mail-in ballots to be received by the close of polls on Election Day in order to be counted. North Dakota’s new law eliminates the 13-day post-election grace period for receiving ballots and brings the state into alignment with federal requirements that elections be held on a single Election Day.
“North Dakota has done the right thing,” said J. Christian Adams, President of the Public Interest Legal Foundation. “It’s Election Day, not Election Week.” North Dakota’s leadership in returning to a true Election Day model is commendable.”
The state’s reform follows a PILF’s lawsuit on behalf of Mark Splonskowski, a county auditor who faced conflicting obligations under state and federal law. The lawsuit challenged North Dakota’s former policy of counting ballots received up to 13 days after Election Day as a violation of federal statute. PILF’s lawsuit contended that this grace period violated the plain text of federal law and expanded Election Day beyond what Congress authorized.
North Dakota’s reform places it alongside states like Florida and Kansas that have moved decisively to end prolonged ballot counting. These changes respond to growing public frustration with delayed results and election uncertainty.
The Public Interest Legal Foundation has long advocated for state election policies that honor the intent of federal law and support transparent, timely election administration. Prior to the new legislation, North Dakota was one of 17 states and the District of Columbia that accepted and counted mail ballots arriving after Election Day.
The Foundation applauds North Dakota lawmakers, election officials, and citizens who recognized the importance of securing election deadlines and took decisive action.
Contact:
Douglas Blair 503-203-5599 dblair@publicinterestlegal.org