Michigan Court of Appeals: Ballots Must Arrive by Election Day; 14-Day Extension Overturned

The Michigan Court of Appeals ruled Friday that absentee ballots must arrive by Election Day, November 3, to be counted — overturning a lower court decision that had extended the deadline by 14 days.

DETROIT (AP) — Absentee ballots must arrive by Nov. 3 to be counted, the Michigan Court of Appeals said Friday, blocking a 14-day extension that had been ordered by a lower court and embraced by key Democratic officials.

— Kendall Karson (@kendallkarson) October 16, 2020

As Breitbart News reported in September, a lower state court had initially handed down a decision that favored Democrats’ effort to extend the deadline:

Michigan Court of Claims Judge Cynthia Stephens ruled that mail-in ballots postmarked by November 2 — the day before Election Day — will still be counted in Michigan in the 2020 election.

In addition, Judge Stephens said that strangers can return other people’s ballots — normally a felony — between 5:01 p.m. on Friday, October 30, and 8:00 p.m. on November 3, the moment that polling places are supposed to close on Election Day.

However, that decision was overturned in what was reportedly a straight 3-0 decision, with the panel of judges ruling that any changes to election rules must be approved by the state legislature.

The Michigan Court of Appeals has blocked a 14-day extension that had been ordered by a lower court, mandating that absentee ballots arrive by Nov. 3 in order to be counted. In a 3-0 opinion, the appeals panel said any changes must rest with the Legislature, not the judiciary.

— Jon King (@JonKing98115241) October 16, 2020

Currently, the state legislature in Michigan has a Republican majority, though Gov. Gretchen Whitmer is a Democrat.

President Donald Trump and former Vice President Joe Biden are fighting a pitched political battle in the state, which went Republican in 2016 for the first time in decades.

The parties are facing off in court over election rules in several states — many of them considered crucial battleground states in the November presidential election.

Joel B. Pollak is Senior Editor-at-Large at Breitbart News and the host of Breitbart News Sunday on Sirius XM Patriot on Sunday evenings from 7 p.m. to 10 p.m. ET (4 p.m. to 7 p.m. PT). His newest e-book is The Trumpian Virtues: The Lessons and Legacy of Donald Trump’s Presidency. His recent book, RED NOVEMBER, tells the story of the 2020 Democratic presidential primary from a conservative perspective. He is a winner of the 2018 Robert Novak Journalism Alumni Fellowship. Follow him on Twitter at @joelpollak.