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CARSON v. SIMON

No. 20-3139.

978 F.3d 1051 (2020)

James CARSON; Eric Lucero, Plaintiffs-Appellants v. Steve SIMON, Secretary of State of the State of Minnesota, in his official capacity, Defendant-Appellee Robert LaRose; Teresa Maples; Mary Sansom; Gary Severson; Minnesota Alliance for Retired Americans Education Fund, Intervenor Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: October 29, 2020.

Attorney(s) appearing for the Case

Danyll Foix , Andrew Michael Grossman , Jenna M. Lorence , Richard Bryan Raile , David B. Rivkin , Baker & Hostetler, Washington, DC, Nathan Myrum Hansen , Saint Paul, MN, for Plaintiffs-Appellant.

Jason Marisam , Assistant Attorney General, Cicely Rosemary Miltich , Attorney General's Office, Saint Paul, MN, for Defendant-Appellee Steve Simon.

Amanda R. Callais , Marc E. Elias , Perkins & Coie, Washington, DC, Will McDonell Conley , Perkins & Coie, Madison, WI, Jonathan Patrick Hawley , Abha Khanna , Perkins & Coie, Seattle, WA, Samuel Joseph Clark , Sybil Louise Dunlop , Caitlinrose Hoolihan Fisher , Greene & Espel, Minneapolis, MN, for Intervenor Defendants-Appellees Robert LaRose, Teresa Maples, Mary Sansom, Gary Severson, and Minnesota Alliance for Retired Americans Education Fund.

Loren L. AliKhan , Attorney General's Office, Washington, DC, for Amici on Behalf of Appellees District of Columbia, State of Connecticut, State of Illinois, State of Maryland, State of Massachusetts, State of Nevada, State of New Jersey, State of New Mexico, State of Oregon, State of Pennsylvania, State of Virginia, State of Washington, and State of Vermont.

Samuel F. Callahan , Daniel Jacobson , Robert Stanton Jones , Elisabeth S. Theodore , Arnold & Porter, Washington, DC, for Amicus on Behalf of Appellees Governor Arnold Schwarzenegger.

Before SHEPHERD, KELLY, and GRASZ, Circuit Judges.

This appeal involves the rules governing the counting of absentee ballots cast in Minnesota for the upcoming general election for President of the United States. Minnesota law dictates that election officials only count ballots received by election day. The Minnesota Alliance for Retired Americans Education Fund and some of its members (the...

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