Montana court rules ballots must be received on Election Day
Amy Beth Hanson | Hagadone News Network | UPDATED 4 years, 7 months AGO
HELENA, Mont. (AP) — Montana voters must have their primary ballots in to their county election offices by 8 p.m. Tuesday in order for them to be counted, the Montana Supreme Court said Wednesday.
The justices stayed an order issued by a Billings judge Friday that said ballots would be counted as long as they were postmarked on or before Election Day.
Secretary of State Corey Stapleton asked the Montana Supreme Court on Tuesday to stay the order, saying instructions accompanying the ballots said they must be returned to election offices by 8 p.m. on June 2.
The Montana Democratic Party challenged the deadline, which had been in place for decades.
District Judge Donald Harris said the disparity and inconsistency in the length of time it takes to deliver a mailed ballot significantly burdens absentee voters because they vote a week before the election, have less time and information to decide how to vote and even if they vote a week early, there’s no guarantee their ballot will be delivered by the U.S. Postal Service in time for it to be counted.
The justices said they were staying Harris' order to maintain the status quo while the legal issues are considered.
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