Midwest
Elections official's challenge to North Dakota mail-in ballot law dismissed
- U.S. District Court Judge Daniel Traynor ruled Friday against Burleigh County, North Dakota Auditor Mark Splonskowski in a lawsuit brought by the latter over the Peace Garden State’s mail-in ballot-counting practices.
- Splonskowski’s challenge specifically concerned the acceptance of mail-in ballots after Election Day, arguing it runs afoul of federal law.
- The lawsuit, backed by a pro-Trump legal group, was discarded after Splonskowski failed to demonstrate that the law harmed him or violated his constitutional rights.
A federal judge in North Dakota has dismissed a lawsuit challenging the acceptance of mail-in ballots after Election Day brought by a county election official and backed by a legal group aligned with former President Donald Trump.
In his Friday ruling, U.S. District Court Judge Daniel Traynor said Burleigh County Auditor Mark Splonskowski lacks standing to bring the case, and failed to show he was harmed by the law or that his constitutional rights will be violated. The auditor alleged state and federal law conflict as to the counting of mail ballots received after Election Day.
“According to Splonskowski, following his understanding of federal law will inevitably result in criminal prosecution under North Dakota law because he will have to forego his duty to follow North Dakota election law,” Traynor wrote, adding later, “This is deeply concerning to the Court that an elected official openly advocates for violating the law he was elected to enforce because he has independently concluded it contradicts federal law.”
FORMER NORTH DAKOTA SENATOR TOM CAMPBELL LAUNCHES BID FOR STATE’S ONLY US HOUSE SEAT
The judge also said the reasoning in Splonskowski’s lawsuit, if successful, “could be utilized against” overseas and military voters’ rights to vote.
“This, indeed, is a concerning position for an elected official to take,” wrote Traynor, who also said Splonskowski should have asked the local state’s attorney for an opinion about the legal conflict he alleged.
“He may wish to do so before the next election as it may avoid his potential prosecution … or removal from office,” the judge said in a footnote citing state laws for those avenues.
North Dakota Republican Secretary of State Michael Howe welcomed the ruling as “a win for the rule of law in North Dakota and a win for our military and overseas voters.” About 29% of North Dakota voters cast their ballots by mail in the November 2022 general election.
Burleigh County Auditor Mark Splonskowski is photographed in front of the state Capitol in Bismarck, North Dakota, July 7, 2023. (AP Photo/Jack Dura, File)
In September, the judge had asked the parties whether he should dismiss the case because Splonskowski had no approval from the county commission to sue in his official capacity as auditor. He said he brought the lawsuit against the state’s election director as an individual and not in an official capacity. The judge found otherwise.
Splonskowski, backed by the Public Interest Legal Foundation, filed the lawsuit against the state election director in July. He argued he “faces an impossibility in enforcing the law” around whether to accept mail-in ballots received after election day, alleging federal and state law conflict as to when those ballots must be turned in. He claimed he risks criminal penalties.
Foundation spokesperson Lauren Bowman Bis said, “We are disappointed in the Court’s ruling. We believe unresolved elections undermine confidence and that federal law should be followed.”
North Dakota law allows mailed ballots received after election day to be counted by county canvassing boards, which meet 13 days after the election, but those ballots must be postmarked before the date of the election.
In September, attorneys for the Voting Section of the U.S. Justice Department’s Civil Rights Division filed a statement of interest in the case, saying North Dakota’s law is consistent with federal law, and ensures military and overseas voters have enough time for their ballots to be counted.
The foundation brought voting-related lawsuits in Pennsylvania and Arizona amid Trump’s claims of 2020 election fraud.
Splonskowski was elected in 2022 as the top election official in the county that is home to Bismarck, North Dakota’s capital city.
A similar lawsuit filed last week in Mississippi by Republican entities, including the Republican National Committee, also targets mail ballots received after election day.
Political observers say the efforts would disenfranchise or penalize voters, if successful.
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Detroit, MI
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Milwaukee, WI
Brewers Are Making a Mistake With Andrew Vaughn’s Playing Time
There are few things that the Milwaukee Brewers haven’t done right so far in 2026.
Milwaukee has navigated difficult injuries all season and yet it is 49-29 and has the second-best record in baseball behind the Los Angeles Dodgers (52-29) heading into an important series against the Chicago Cubs. How many teams out there could accomplish this feat when guys like Andrew Vaughn Christian Yelich, Quinn Priester, Jackson Chourio, and Brandon Woodruff all missed significant time at various points in the season? These are legit, star-level pieces and the Brewers navigated the losses admirably.
Right now, all of them are healthy, except Priester. The young starter will miss the entire season. Now, Milwaukee is firing on all cylinders and yet it could be even better. Soon enough, Logan Henderson will be back. Also, the offense would arguably be even better if Vaughn was given more opportunities. Since May 4, Vaughn is only eighth on the team in plate appearances, per Curt Hogg of the Milwaukee Journal Sentinel.
Despite this, Vaughn has done nothing but tear the cover off the ball. In 39 games, he has slashed .355/.444/.542 with a .987 OPS, two homers, 12 doubles, and 23 RBIs. That’s the type of production you need in the lineup every night, regardless.
The Brewers Need To Give Andrew Vaughn More Time
Brewers manager Pat Murphy acknowledged that Vaughn has had a weakness with some righties, as transcribed by Hogg.
“Heavy east-west sometimes is more troublesome for him,” Murphy said. “But for him this year you can look at it and go, ‘Yeah, against the two-seamer he’s been [worse]. But what about the times against the two-samer that he took it and got something else? You don’t get credit for being good against the two-seamer when you take it. You only get dinged when you swing at it.”
Still, this is a guy batting .355 since May 4. He’s obviously not perfect, but Milwaukee’s offense is better with him in it. Even if the club has to get creative. Jake Bauers has made his mark this season and needs playing time as well and both play first base, among others. Throughout Vaughn’s career, he has seen time at third base, second base, left field and right field, along with first base. Throughout the season to this point, there’s been chatter about how the Brewers haven’t had enough offense on the left side of the infield.
They recently promoted Cooper Pratt to play shortstop, so third base has been handled by David Hamilton and Joey Ortiz. Maybe a good idea could be trying to shift Vaughn to third base for the time being because they could then get his bat and Bauers’ bat in the lineup consistently. In that scenario, the Brewers could also consistently roll with an outfield of Chourio in left field, Garrett Mitchell in center field, and Sal Frelick in right field.
At the end of the day, the Brewers need Vaughn’s bat in the lineup every day. If you can bat .355 over a 39-game stretch, you deserve significant playing time.
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Minneapolis, MN
Affordable senior housing revived at 600 Main St. SE
The Blueprint
A team led by Lupe Development Partners and Wall Cos. wants to bring more than 100 units of affordable senior housing to a triangular parking area near the Mississippi River in Minneapolis, the latest version of a yearslong effort to redevelop the site.
On Thursday, the Minneapolis Planning Commission Committee of the Whole reviewed plans for the five-story, 104-unit building at 600 Main St. SE. The project would require a comprehensive plan amendment, rezoning and other approvals.
Jess Olstad, a city spokesperson, said in an email that the committee took no formal action.
“The next step for the project team will be to conduct public engagement around their potential comprehensive plan amendment, and to prepare their land use applications for submittal,” Olstad said.
Steve Minn, vice president and chief financial manager of Lupe Development, said Friday that the project received “very positive feedback” from the committee.
“We’re just going to proceed with the rest of our application, which will be in the next week or so,” said Minn, who added that the proposed location is a “perfect site for housing” and that “senior housing is a need.”
A comprehensive plan amendment would require Metropolitan Council review. If the approval process goes well and financing comes together next year, the project could break ground in 2028, Minn said.
A 58-space “principal parking facility” currently occupies the 37,401-square-foot development site, which is framed by Sixth Avenue Southeast, Main Street Southeast, and a railroad property, according to a city staff report.
The project would primarily offer one-bedroom units, though the mix would also include some two-bedroom dwellings and efficiencies. Thirty-nine stalls of underground parking are also planned.
Located near the Stone Arch Bridge trailhead in the Mississippi River Critical Area Overlay District, the project would be “compatible with the surrounding neighborhood architecture,” according to a narrative submitted on behalf of the developer.
The plan includes site improvements such as structured parking and pedestrian spaces, and a new public trail, which would connect to existing Minneapolis Park and Recreation Board trails in Father Hennepin Bluffs Park.
According to the developer’s narrative, the project “represents a reinvestment in a privately owned, undeveloped parcel that is not used for park purposes and is not planned for acquisition.”
The project would align the property’s “land use, built form, and Mississippi River Corridor Critical Area Overlay District designations with the surrounding urban context and applicable regulatory framework,” the narrative states.
Wall Cos. and Lupe Development Partners, doing business as Bluff Street Development, have long wanted to redevelop 600 Main St. SE. In 2023, the developers pitched a plan for 80 affordable housing units on the site.
The developers’ history with the site goes back as far as 2009, when they proposed separate plans for a 98-unit and a 79-unit apartment project, as previously reported. In 2010, Bluff Street sued the city after the City Council rejected the plans. The lawsuit was dismissed in 2011.
When development efforts first started, the Mississippi River Critical Corridor Area rules and regulations had not been defined, and “there was a lot of angst in the community” about what those regulations would be, Minn said.
Those regulations are now “well defined,” clearing the way for development, he said.
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