The office of Secretary of State Steve Simon said that Simon will follow a state court decision last week that approved an agreement removing the witness requirement. That move was sought in a lawsuit filed by the Minnesota Alliance for Retired Americans Educational Fund.

Steve Simon

But in a separate case brought by the League of Women Voters of Minnesota, the Star Tribune reported a federal judge said Tuesday that a similar agreement went “well beyond” the concerns raised by a voter. That voter said her health could be jeopardized by having to meet the witness requirement to vote during the coronavirus pandemic.

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U.S. District Court Judge Eric Tostrud suggested a more narrowly tailored agreement to remedy specific harms cited by the League’s lawsuit.

Despite the federal judge’s opinion, Simon, a Democratic proponent of mail-in voting, plans to continue to waive the witness requirement in accordance with a decision signed last week by Ramsey County District Judge Sara Grewing.

“Today’s U.S. District Court ruling does not affect last week’s state court ruling that the consent decree is fair, adequate, reasonable, and in the public interest. We are bound by the ruling of the state district court and will comply with the order,” Risikat Adesaogun, the spokeswoman for Simon’s office, said in a statement.

The Minnesota Republican Party and several GOP lawmakers have opposed the change.

Early voting in the August primary begins Friday.

Under the settlements, Simon agreed that mailed-in absentee ballots for the primary will be accepted even if they don’t have witness signatures, and that ballots received within two days of the Aug. 11 primary date will be accepted as long as they’re postmarked by Election Day. Minnesota usually requires that the witness be a registered voter or notary public.

The settlements don’t apply to the November general election. League spokeswoman Kayla Vix has said her group is keeping the case open in case they decide to pursue it for the general election.