Carson v. Simon, 978 F.3d 1051 (8th Cir. 2020)

Court Filing · U.S. Court of Appeals for the Eighth Circuit · October 29, 2020

Eighth Circuit opinion on a Minnesota state-court consent decree in which the Secretary of State agreed not to enforce the statutory absentee ballot receipt deadline for the 2020 general election.

not enforce the ballot receipt deadline

p. 5

Bears on the consent decree lines. SUPPORTS that a 2020 consent decree changed a statutory election deadline without a legislative vote, and the court held the Electors Clause gives that power to the legislature. It was a preliminary ruling; the court ordered late ballots set aside rather than deciding the final count.

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