2024-02-02 22:50:11
BISMARCK — A federal judge in North Dakota has dismissed a lawsuit challenging how the state handles mail-in ballots, with the judge chastising the local auditor for bringing the case without the backing of county leaders.
Burleigh County Auditor Mark Splonskowski filed the lawsuit in July against North Dakota Election Director Erika White, arguing that state law related to mail-in ballots conflicts with federal law.
He filed the lawsuit with help from the Public Interest Legal Foundation, which also was behind lawsuits filed in Pennsylvania and Arizona connected to former President Trump’s false claims of election fraud, The Associated Press reported.
U.S. District Court Judge Daniel Traynor dismissed the lawsuit on Friday, Feb. 2, stating in part that Splonskowski lacks standing and that his risk of criminal prosecution is speculative.
Traynor expressed concern that Splonskowski filed the lawsuit without the approval of the Burleigh County Commission and without first consulting with the Burleigh County state’s attorney.
“This is deeply concerning to the Court that an elected official openly advocates for violating the law he was elected to enforce because he has independently concluded it contradicts federal law,” Traynor wrote.
Splonskowski challenged a North Dakota law that allows mail-in ballots to be counted up to 13 days after Election Day. He argued that state law conflicts with federal law, putting him at risk of criminal prosecution.
North Dakota Secretary of State Michael Howe called the judge’s ruling “a win for all eligible voters in North Dakota.”
“The brave men and women of our military and overseas population deserve to have the same amount of time to choose their candidates and cast their ballots as the rest of the North Dakota electorate,” Howe said in a statement.
Secretary of State Michael Howe
Contributed / NDDOT
Howe added that ballots must be postmarked one day prior to Election Day to be counted. Citizens are not mailed a ballot until they fill out a proper absentee ballot application, he said.
Traynor also writes that if Splonskowski’s arguments had been successful, the case may have harmed the voting rights of U.S. military and U.S. citizens living abroad and voting by mail.
“This, indeed, is a concerning position for an elected official to take,” Traynor wrote.
Splonskowski declined to comment Friday, referring questions to the Public Interest Legal Foundation.
Lauren Bowman Bis, communications director for the Public Interest Legal Foundation, said the organization is disappointed in the court’s ruling.
“We believe unresolved elections undermine confidence and that federal law should be followed,” Bowman Bis said.
Splonskowski told the Burleigh County Commission in July that he brought the lawsuit as an individual, not on behalf of the county, The Bismarck Tribune reported. At the time, Burleigh County leaders said no county funds or staff time were going to the lawsuit.
This story was originally published on NorthDakotaMonitor.com
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