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Court rules absentee ballots cannot be counted on Election Day

A state Supreme Court justice has ruled that a state law allowing absentee ballots to be counted on Election Day is unconstitutional.

A higher court is reviewing a separate petition to overturn COVID-19 as a primary reason to vote by mail.


As early voting begins in a matter of days, board of election offices across the state will have to preserve and set aside absentee ballots.

They will be reviewed after Election Day. Petitioners who challenged same-day counting argued that judicial review was difficult under the pandemic-era method for counting early ballots by mail.

Mail-in ballots can be requested through the day before Election Day.