18 States and the District of Columbia accept and tabulate mail ballots that arrive after Election Day.
(Alexandria, VA) – July 6, 2023: The Public Interest Legal Foundation (PILF) filed a federal lawsuit in the United States District Court of North Dakota claiming North Dakota’s laws that accept and count ballots up to 13 days after Election Day violate federal law.
Federal law requires a single national Election Day to be held on “the first Tuesday after the first Monday in November of every even-numbered year.” In fact, every mention of Election Day in federal law is singular, not plural.
North Dakota is not alone in accepting mail ballots that arrive after Election Day. In total, 18 states and the District of Columbia accept ballots that arrive after Election Day.
“Election Day has ceased to be a day,” said PILF President, J. Christian Adams. “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. PILF is fighting to end this lawlessness and restore the day in Election Day.”
The Foundation’s client is Mark Splonskowski. He is the County Auditor of Burleigh County, North Dakota.
The defendant in the case is Erika White, the State Election Director of North Dakota. The case does not allege that she engaged in improper conduct or abuse of office. It merely names her as she is the person in her official capacity given the responsibility to enforce a state law that conflicts with federal law.
PILF attorneys in the case are Charlotte Davis and Noel Johnson. David J. Chapman serves as local counsel.
Read PILF’s complaint in Mark Splonskowski v. Erika White here.
Public Interest Legal Foundation (PILF) is the nation’s only public interest law firm dedicated wholly to election integrity. The Foundation exists to assist states and others to aid the cause of election integrity and fight against lawlessness in American elections. Drawing on numerous experts in the field, PILF seeks to protect the right to vote and preserve the Constitutional framework of American elections. PILF has brought lawsuits and won victories in Texas, Mississippi, North Carolina, Virginia, Maryland, Pennsylvania, Michigan, and across the United States.
For media inquiries, please reach out to Lbowman@publicinterestlegal.org