The Michigan Court of Appeals ruled that ballots must arrive by Election Day to be counted, overruling a 14-day extension of a lower court.
“Happy to see this unanimous ruling to uphold the integrity of our elections process and reject judicial overreach,” Senate Majority Leader Mike Shirkey, a Republican, said in response to the ruling.
The ruling, a unanimous 3-0 decision, says that ballots must be returned by 8 p.m. on Nov. 3. Democrats have argued that more time is needed for people to return ballots, citing concerns over the coronavirus pandemic.
“Although those factors may complicate plaintiffs’ voting process, they do not automatically amount to a loss of the right to vote absentee,” the court said Friday.
Democrats in Michigan, an important battleground state in the 2020 election, said the ruling was disappointing.
“Voters should not be punished for delays in the U.S. Postal Service or for unexpected emergencies that could make it a challenge for them to get to the polls on Election Day,” the party said.
Michigan Secretary of State Jocelyn Benson said that over 2.7 million Michigan residents have requested absentee ballots, in part because of a change in state law that made the option available to any voter. However, Michigan law states that any absentee ballots must be returned by 8 p.m. on Election Day in order to be counted.
Court of Claims Judge Cynthia Stephens originally ordered that any ballots postmarked by Nov. 2 could be counted as long as they arrived within two weeks of Election Day.
Appeals court Judges Michael Gadola, Mark Boonstra, and Thomas Cameron heard the case. All three were appointed by former Republican Gov. Rick Snyder.
A similar absentee ballot extension rule in Wisconsin was overturned by a federal appeals court last week. The court ruled that ballots in Wisconsin must be returned by 8 p.m. on Election Day to be counted, overturning a U.S. district judge’s decision to allow for a six-day extension for mail-in ballots.
Michigan and Wisconsin, two states President Trump narrowly won in 2016, are battleground states again in the 2020 election. Democrats won both states in every presidential election since 1988 before they flipped to Trump in the 2016 election.
