North Dakota
Judge dismisses election official's mail ballot lawsuit in North Dakota
BISMARCK, N.D. — 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 Judge Daniel Traynor said Burleigh County Auditor Mark Splonskowski lacked standing, did not allege a specific constitutional violation, is not conflicted by his oath of office, and that the state election director named in the lawsuit “is not a potential cause for Splonskowski’s alleged injuries because she has no enforcement authority.”
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.”
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.
Splonskowski, backed by the Public Interest Legal Foundation, filed the lawsuit 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.
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, “Permitting the counting of otherwise valid ballots cast on or before election day even though they are received later does not violate federal statutes setting the day for federal elections. Indeed, this practice not only complies with federal law but can be vital in ensuring that military and overseas voters are able to exercise their right to vote.”
The Public Interest Legal Foundation brought voting-related lawsuits in Pennsylvania and Arizona amid Trump’s claims of 2020 election fraud.
A spokesperson for the group did not immediately respond to an email for comment on the judge’s decision. She said earlier this week that “if a court finds that accepting ballots that arrive after election day violates federal law, this would impact other states that have similar polices.”
The foundation asked election officials of at least two other counties about joining the lawsuit, The Associated Press learned through email queries to all 53 county offices. Those officials declined to join.
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.
Submitted Photo
U.S. soldiers with the Nebraska and North Dakota National Guards, assigned to Joint Task Force-District of Columbia in support of the DC Safe and Beautiful mission, pose for a group photo at a hotel in Alexandria, Virginia, April 28. N.D. National Guard 2nd Lt. Caleb Hill, front row, far left, served as the officer in charge of the mission when soldiers assigned to JTF-DC responded to the shooting incident at the White House Correspondents’ Association dinner April 25. About 2,500 National Guard members are supporting the DC Safe and Beautiful mission, providing critical assistance to the Metropolitan Police Department to help ensure the safety of residents, commuters and visitors throughout the District. U.S. Army National Guard photo by Staff Sgt. Thomas Norris.
WASHINGTON – U.S. soldiers with the North Dakota, Arkansas and Nebraska Army National Guard, assigned to Joint Task Force-District of Columbia in support of the DC Safe and Beautiful mission, responded to a shooting incident at the White House Correspondents’ Association dinner (WHCAD) at the Washington Hilton in Northwest Washington April 25.
The Guardsmen were at the WHCAD at the request of the U.S. Secret Service (USSS) as an additional patrol unit created specifically for the event, which celebrates the contribution of news organizations and independent journalists alike who provide notable coverage relating to the presidential administration.
“Our mission was to assist the U.S. Secret Service with crowd control,” said Capt. Kevin Peatrowsky, an operations officer with the Nebraska National Guard (NENG) assigned to JTF-DC.
As the Guardsmen were monitoring their area of operations, they saw USSS agents sprint toward the hotel entrance.
“They were running full speed with their weapons drawn,” said Sgt. 1st. Class Allen Haney, a team member with the Arkansas National Guard. “We immediately followed suit.”
Staff Sgt. Kirsten Confer, a NENG combat medic and battle captain, recalled her response to the incident: “We fell back on our basic training. You run toward danger and move in a way that makes sense for the situation.”
According to Confer, the Guardsmen entered the hotel and immediately began securing the scene and ensured that the guests evacuated safely. At the direction of a federal agent, Confer began a rapid trauma assessment on the suspect which resulted in finding knives and ammunition on the shooter. Simultaneously, the Arkansas soldiers moved outside to provide crowd control at a pedestrian barricade outside the hotel.
“From there, we assisted wherever we could,” said 2nd Lt. Caleb Hill, a National Guardsman from North Dakota who served as the officer in charge for the mission. “We were initially helping with crowd control. After that, we realized that the USSS had begun rerouting everyone in the hotel, so we moved to the doors. We were controlling entry into the venue, so we had moved a couple more people outside, so we had five inside, eight outside.” Both Arkansas and Nebraska worked well alongside one another and, alongside the federal agencies. Hill also noted that relying on his soldiers allowed him to move to different teams, which helped allow him to plan and coordinate with different agencies.
According to 1st Lt. Jonathan Goins, a platoon leader with the Arkansas National Guard, Arkansas soldiers also helped establish a security perimeter for the staging of the presidential motorcade. Later, the team assisted federal agencies and MPD with crowd control, which helped clear the way for the president and administration officials, he said.
“Guardsmen on this mission represent the very best of the nation,” said U.S. Army Brig. Gen. Leland Blanchard II, the interim commanding general of the District of Columbia National Guard. “The world got a brief glimpse, but I see them each day serving and doing amazing things across the District.”
FARGO, N.D. (KELO) — The Sioux Falls Stampede staved off elimination with a 2-1 overtime win over the Fargo Force in game four of the USHL Western Conference Finals Saturday night.
Thomas Zocco scored the game-winner 12 minutes into the extra period. Arseni Marchenko put Fargo on the board first in the first period. Noah Mannausau tied the game for the Herd in the second period.
Sioux Falls outshot Fargo 53-49, including 9-5 in overtime. Linards Feldbergs made 48 saves.
Three of the four games of the series have gone to overtime. The winner-take-all game five is Tuesday at the Premier Center.
New ballot measure guide to be mailed to North Dakota voters ahead of election
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