Minnesota officials urge voters to return absentee ballots ASAP as court hears deadline challenge

(FOX 9) - Minnesota election officials are pushing voters to fill out and return more than 500,000 absentee ballots immediately, because the state's mail-in extension is in legal limbo.

The U.S. Eighth Circuit Court of Appeals on Tuesday heard arguments over Minnesota's extension, which allows ballots received up to one week after Election Day to count. Lawyers for both sides argued that voters would be disenfranchised if the ruling goes against them.

Minnesota Secretary of State Steve Simon reached an agreement with two voter groups Aug. 3 in state court to create the extension. The consent decree appeared solid this summer, when President Donald Trump's campaign and the Republican Party of Minnesota gave up their appeal before the Minnesota Supreme Court and agreed not to raise the issue again.

But two GOP electors, including state Rep. Eric Lucero, sued this fall in federal court and are seeking to get the extension tossed out.

Voting in Minnesota started on Sept. 18. As of Friday, nearly 1.2 million ballots had been returned, while 578,805 were still outstanding. More than 1.7 Minnesotans have requested absentee ballots so far. 

In an interview on Tuesday, Simon said he was surprised by the last-minute legal challenge but said his message to absentee voters has not changed.

"We’re talking about seven days out from an election. To make a change of that kind would be really unusual and unfortunate," said Simon, a Democrat. ""When you know how you’re going to vote, vote and get that ballot in."

The three-judge panel did not make an immediate ruling on the case Tuesday, though with Election Day looming, one is expected soon.

Monday night, the U.S. Supreme Court refused to extend Wisconsin's absentee voter deadline, creating more concern for Minnesota election officials. Wisconsin's proposed extension is like the one in effect in Minnesota, though there are key differences in each legal case.

One difference is that Wisconsin's extension had already been tossed out by the time the Supreme Court's conservative majority ruled 5-3 not to reinstate it. Justice Neil Gorsuch wrote that "last-minute changes" would create "chaos" for voters.

Andrew Grossman, the attorney for the two GOP electors, said Simon had brought the issue on himself by "disregarding" state law requiring all absentee ballots to be returned by Election Day.

"There is no dispute that every ballot accepted after the Legislature’s Election Day deadline is subject to challenge," Grossman told the three-judge panel Tuesday.

Attorneys for Simon and the two Minnesota voter groups who support the absentee ballot extension used similar arguments to those made by Gorsuch, arguing that changing the deadline now would cause widespread confusion.

"We thought the worst case scenario is where we are now, arguing over this on the eve of an election," said Jason Marisam, an assistant Minnesota attorney general representing Simon. "There is no way to make sure that every voter gets that (information), that every voter can get their ballot in on time."

You can apply to have an absentee ballot mailed to you any time before Election Day, but election officials recommend leaving enough time for them to mail you your ballot and for you to mail it back. 

2020 VOTER GUIDE: How to register to vote, find your polling place, vote by mail in Minnesota

You can track the status of your absentee ballot to see whether it was received and counted at mnvotes.org. 

CAN I RETURN MY ABSENTEE BALLOT IN PERSON? 

Yes. You can deliver your absentee ballot in person no later than 3 p.m. on Election Day to the election office that sent you your ballot or have someone drop it off for you. Some counties also have additional ballot drop-off locations. You can look up your county election office at mnvotes.org

You cannot drop your ballot off at your polling place on Election Day. 

CAN I STILL VOTE EARLY IN-PERSON? 

Yes. You can vote early in person at your local elections office until Monday, Nov. 2, the day before Election Day. Depending on where you live, there may be additional early voting locations. 

Find your early voting location at mnvotes.org.

WHAT IF I REQUESTED AN ABSENTEE BALLOT, BUT DECIDE TO VOTE IN PERSON on ELECTION DAY? 

As long as your absentee ballot hasn’t been counted by your election officials, you may still cast a ballot in person by voting in your polling place on Election Day or at your local early voting location.

You do not have to bring have to bring your absentee ballot with you to the polls if you decide to vote in person. The absentee ballot will be canceled out and election officials will provide you with a new ballot to complete that day. 

If you ballot has already been counted, you cannot vote in person. 

Most polls will open on Election Day at 7 a.m. and close at 8 p.m. As long as you are in line by 8 p.m. you will be allowed to vote, even if you do not reach the front of the line until after 8 p.m. 

Find your polling place at mnvotes.org.