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Michigan House and Senate seek to fight court decision allowing mail-in votes to be counted after Election Day

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DETROIT — Republican lawmakers are seeking to intervene in a major court decision that will allow Michigan absentee ballots to be counted after the election.

The House and Senate want to join the case and appeal the decision.

Absentee ballots postmarked by Nov. 2 are eligible to be counted if they arrive within 14 days after the Nov. 3 election, according to a court decision. Judge Cynthia Stephens noted chronic delays with mail during the coronavirus pandemic.

Attorney General Dana Nessel and Secretary of State Jocelyn Benson, both Democrats, say they won’t appeal. The House and Senate say Nessel and Benson have “abdicated their duty” to defend state law.