A federal appeals court ruled on Friday against a Mississippi law that allows mail-in ballots to be counted if they are received up to five days after Election Day.
The 5th U.S. Circuit Court of Appeals said it conflicts with federal law designating a “day for the election.”
However, the three-judge panel declined to issue an injunction and sent the issue back to a lower court for further consideration.
Breaking News: The 5th Circuit has just ruled that ballots must be received by Election Day and state laws allowing them to arrive later are preempted by federal law. pic.twitter.com/ApdUo4Q4YA
— The Calvin Coolidge Project (@TheCalvinCooli1) October 25, 2024
“The lawsuit was brought by the Republican National Committee and the Mississippi Republican Party,” USA TODAY reports.
The ruling could lead to a future challenge that makes it to the U.S. Supreme Court, which would have significant ramifications nationwide.
“5th Circuit Court of Appeals delivers critical ruling that affects mail-in ballots. All ballots must now be received by Election Day in order to be counted. This U.S. court of appeals decision overrides state laws permitting post-Election Day ballot counting, affirming that federal law mandates the deadline,” Kyle Becker wrote.
“The day for the election is when ballots must be both cast and received by state officials,” Judge Andrew S. Oldham stated, according to Becker.
“The ruling directly impacts Mississippi’s previous policy, which allowed ballots to be counted for up to five days after Election Day. This sets a clear precedent for election integrity and increases pressure on states to adhere strictly to this standard as the 2024 election approaches,” Becker continued.
5th Circuit Court of Appeals delivers critical ruling that affects mail-in ballots. All ballots must now be received by Election Day in order to be counted.
This U.S. court of appeals decision overrides state laws permitting post-Election Day ballot… pic.twitter.com/TH6pum3iPB
— Kyle Becker (@kylenabecker) October 25, 2024
USA TODAY reports:
In defending its law, the state suggested that its receipt of ballots isn’t a necessary part of voters casting ballots.
“The State’s problem is that it thinks a ballot can be ‘cast’ before it is received,” wrote Judge Andrew Oldham, who was appointed by President Donald Trump, for the U.S. Court of Appeals for the Fifth Circuit.
If that were true, Oldham suggested, then a state could allow voters to cast ballots by marking them and then putting them in a drawer or posting photos of them on social media.
“The hypotheticals are obviously absurd,” Oldham, who was appointed to the court by former President Donald Trump, wrote.
Many states as well as Washington, D.C. allow ballots to be counted that arrive after Election Day, including Nevada, a swing state that requires mailed ballots to be received within four days of the election. In July, a federal judge dismissed a lawsuit filed by the Republican National Committee and Nevada Republican Party to get Nevada’s four-day allowance struck down.
The ruling by the 5th Circuit Court of Appeals, which covers Mississippi, Louisiana and Texas, strikes law that provided a grace period for mail ballots— ruling ballots must be received *by* Election Day pic.twitter.com/CrgS4Xdnj8
— Benny Johnson (@bennyjohnson) October 25, 2024
“The 5th Circuit Court of Appeals, a federal court that oversees cases in Texas, Mississippi, and Louisiana, ruled that all mail-in ballots must arrive by Election Day. This overrules state laws that allowed some late-arriving ballots to be counted if they were mailed on time,” Mario Nawfal wrote.
“Supporters, like the RNC, say this ensures clear results on Election Day. Opponents argue it could disenfranchise voters who rely on mail delays,” he added.
BREAKING: BIG WIN FOR RNC – 5th Circuit Orders Election Day Ballot Deadline
The 5th Circuit Court of Appeals, a federal court that oversees cases in Texas, Mississippi, and Louisiana, ruled that all mail-in ballots must arrive by Election Day.
This overrules state laws… pic.twitter.com/7akpUzpT3q
— Mario Nawfal (@MarioNawfal) October 25, 2024
Per NBC News:
It does, however, pave the way for a possible challenge that could go up to the U.S. Supreme Court, which could have ramifications for states that do allow ballots postmarked before Election Day to be counted.
The appeals court ruling says that no such ballots should be counted.
“Congress statutorily designated a singular ‘day for the election’ of members of Congress and the appointment of presidential electors,” the three-judge panel wrote in its opinion. “Text, precedent, and historical practice confirm this ‘day for the election’ is the day by which ballots must be both cast by voters and received by state officials.”
The decision by Judges James Ho, Kyle Duncan and Andrew Oldham notes that as of November 2022, 18 states and the District of Columbia allow post-election receipt of ballots — and suggests they should not be allowed to do so.
“Federal law requires voters to take timely steps to vote by Election Day. And federal law does not permit the State of Mississippi to extend the period for voting by one day, five days, or 100 days,” the ruling said.
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