Federal Judge Mark Walker denied an injunction Friday night in a case to extend the mail-in ballot deadline to 10 days after the election, just like overseas and military ballots.
VoteVets Action Fund, a progressive veterans' advocacy group, the Democratic National Committee, and the Democratic Senatorial Campaign Committee filed their suit against the state in the Northern District of Florida on Monday.
They asked that mail-in ballots that were postmarked before Election Day, but not delivered before the polls closed at 7 p.m., be counted. They argued that the more imminent deadline for domestic mail-in ballots imposes an undue burden on the right to vote and deprives domestic mail-in voters of equal protection.
At a brief hearing in Tallahassee Wednesday, attorneys questioned expert witness Leon County Supervisor of Elections Mark Earley. Earley said there were only 145 late domestic vote-by-mail ballots that came into the county.
U.S. Sen. Bill Nelson's attorney, Marc Elias, said Nelson's campaign hoped to allow postmarked absentees to be counted within 10 days after the election, similarly to overseas and military members' ballots.
According to Florida law, mail-in ballots cannot be counted if they arrive after 7 p.m. on Election Day. The lawsuit claims voters shouldn’t be faulted for absentee ballots that arrived late.
Attorneys argued arbitrary factors beyond voters’ control, like mail delivery speed, weather emergencies, traffic delays, understaffing and human error cause mail to take longer to process and deliver.
They cited the case of one voter in Miami-Dade County, who reported that he mailed his ballot on October 29, 2018 — over a week before Election Day — yet learned after Election Day that his ballot had not been received by the county’s elections supervisor.
Elias cited the example of a few hundred mail-in ballots that were postmarked before Nov. 6 but were stuck in an Opa-locka mailing facility, possibly because of an FBI investigation into the Aventura man who sent pipe bombs through the mail before the election.
In his denial, Walker wrote that the whole point of the 10-day exception for overseas voters is to give them the same right to vote as domestic voters.
Walker compared the situation to the special precautions a military member may take while sending and receiving mail from loved ones while overseas.
“When he or she receives care packages from family members back home in the United States, it is only because his or her family sent the package weeks before. And when his or her family receives a letter from that uniformed voter, it is only because that uniformed voter sent it weeks before as well,” Walker wrote. “The same holds true for the uniformed voter’s ballot.”
Walker concluded that the different deadlines were meant to level the ground for overseas and domestic voters, and should remain as such.
"These rules have been used for over a decade, and to enjoin the use of them now would create a substantial hardship on the defendants and perhaps undermine the electoral process,” he wrote.