Federal appeals court won’t lift North Carolina ballot-receipt extension

A worker prepares absentee ballots for mailing at the Wake County Board of Elections in Raleigh, N.C., in September 2020. | Gerry Broome/AP PhotoA bitterly divided federal appeals court has denied an attempt by Republicans to block an agreement by North Carolina state officials allowing absentee ballots in next month’s election to be counted if they are postmarked by Election Day and received up to nine days later.

Although all three dissenters were Republican appointees, the 4th Circuit’s three Trump appointees voted with all the court’s Democratic appointees to deny the relief sought by two North Carolina GOP officials, Senate leader Phil Berger and House Speaker Tim Moore. The dissenters said that, without a clear signal from the Supreme Court, a flood of litigation threatens to mire the upcoming election in confusion. Many of the cases seek to persuade state judges or executive officials to extend ballot deadlines or waive requirements like witness signatures on account of the pandemic.

“Reading the dissenting opinion … one might think the sky is falling,” Wynn wrote. “The change is simply an extension from three to nine days after Election Day for a timely ballot to be received and counted. That is all.”

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