Splonskowski v. White

On July 5, 2023, the Public Interest Legal Foundation (PILF) filed a lawsuit in federal court on behalf of Mark Splonskowski, County Auditor of Burleigh County, North Dakota, asserting that state law allowing mail and absentee ballots received up to 13 days after Election Day to count violated federal law. Mr. Splonskowski alleged that federal law prescribes a single national Election Day for federal offices and required all ballots to be received and tabulated on Election Day. He then asserted that this interpretation of federal law meant North Dakota’s law allowing absentee and mail ballots to count if (1) postmarked by the day before Election Day and (2) received up to 13 days after Election Day was illegal, and requested the court strike down the relevant provisions. 

On August 18, 2023, LWV of North Dakota moved to intervene on behalf of its members and voters. Among other injuries, the League’s motion pointed out the disenfranchisement that would result from the court granting Mr. Splonskowski’s requested relief, as members voting absentee could potentially be disenfranchised if the post office failed to deliver ballots before Election Day. Members would be forced to mail their ballots far before the deadline, foregoing the advantages of absentee voting, namely the ability to carefully consider their choices on the ballot and consider late-breaking information. 

On September 11, 2023, the United States Department of Justice filed a statement of interest expressing its opinion that the provisions allowing mail and absentee ballots to be counted after the election did not violate federal law, and that plaintiff’s proposed remedy would abolish key protections for North Dakota service members and their families voting overseas. 

The League is represented in this matter by the Campaign Legal Center.