- U.S. District Judge Daniel Traynor on Friday ruled against Mark Spronskowski in a lawsuit brought by him over the Peace Garden State’s mail-in ballot tabulation practices. was lowered.
- Mr. Spronskowski’s challenge specifically concerned the acceptance of mail-in ballots after Election Day, which he argued violates federal law.
- The lawsuit, backed by pro-Trump legal groups, was dismissed because Spronskowski could not prove the law harmed him or violated his constitutional rights. Ta.
A federal judge in North Dakota has dismissed a lawsuit filed by county election officials and supported by a legal group affiliated with former President Donald Trump challenging the acceptance of mail-in ballots after Election Day.
In a ruling Friday, U.S. District Judge Daniel Traynor ruled that Burleigh County Auditor Mark Spronskowski lacks standing to sue, saying he was harmed by the law and that he violated his constitutional rights. He said he could not prove that there would be any infringement. Auditors argued that they violated state and federal law in counting mail-in ballots received after Election Day.
“According to Mr. Spronskowski, according to his understanding of federal law, he would have to waive his obligation to comply with North Dakota’s election laws, which would necessarily result in criminal prosecution under North Dakota law.” Traynor wrote, later adding: A court in which an elected official publicly alleges a violation of the law he or she was elected to enforce because he or she independently concludes that it is inconsistent with federal law. ”
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The judge also said that if the arguments in Spronskowski’s case were successful, they “could violate” the voting rights of overseas and military voters.
“This is certainly a concerning position for any elected official to take,” Traynor wrote, adding that Spronskowski should seek an opinion from his local state attorney on his legal dispute. said.
In a footnote, the judge cited state law regarding these measures and said, “They may want to do so before the next election because they may avoid prosecution and possible removal from office.”
North Dakota Republican Secretary of State Michael Howe hailed the ruling as “a victory for the rule of law in North Dakota and for our military and overseas voters.” Approximately 29% of North Dakota voters voted by mail in the November 2022 general election.
Burleigh County Auditor Mark Spronskowski is pictured in front of the state capitol building in Bismarck, North Dakota on July 7, 2023. (AP Photo/Jacques Duras, File)
In September, a judge asked the parties whether the lawsuit should be dismissed because Spronskowski was not authorized by the county commission to litigate in his official capacity as auditor. He said he filed the lawsuit against state election officials in his personal capacity and not in an official capacity. The judge decided otherwise.
Spronskowski filed a lawsuit against state election officials in July with support from the Public Interest Law Foundation. He argued that “law enforcement faces an impossibility” regarding whether to accept mail-in ballots received after Election Day, citing conflicting federal and state laws regarding when ballots must be submitted. He argued that there was a risk of criminal penalties.
“We are disappointed in the court’s decision. We believe unresolved elections undermine trust and should follow federal law,” said foundation spokeswoman Lauren Bowman Biss.
North Dakota law allows mail-in ballots received after Election Day to be counted by county boards of elections that meet 13 days after the election, but the ballots must be postmarked by Election Day. .
In September, attorneys with the U.S. Justice Department’s Civil Rights Division Voting Division said North Dakota’s law is consistent with federal law and allows military and overseas voters enough time to have their votes counted. and submitted a statement of interest in the case. .
The foundation has filed voting-related lawsuits in Pennsylvania and Arizona amid President Trump’s claims that the 2020 election was fraudulent.
Mr. Spronskowski was elected in 2022 to be the top elections official for the county where North Dakota’s capital, Bismarck, is located.
A similar lawsuit filed in Mississippi last week by Republican groups, including the Republican National Committee, also targets mail-in ballots received after Election Day.
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Political observers say the effort, if successful, would likely disenfranchise voters or impose penalties.
