A federal judge has dismissed a lawsuit by the Republican National Committee aiming to prevent Mississippi from counting absentee ballots postmarked by Election Day but received up to five days later.
U.S. District Judge Louis Guirola Jr. ruled that Mississippi’s procedure aligns with federal law and does not conflict with the elections clause, the electors clause, or election-day statutes.
This decision follows a similar recent ruling in Nevada, where a judge rejected claims that counting such absentee ballots was unconstitutional.
The Mississippi lawsuit, filed in January by the RNC, the state Republican Party, and joined by the Libertarian Party, argued that the state’s policy improperly extended the federal election date and diluted timely ballots.
Guirola stated that no “final selection” is made after Election Day under Mississippi’s law, as only the delivery and counting of ballots cast by Election Day occur afterward.
“Mississippi’s statutory procedure for counting lawfully cast absentee ballots, postmarked on or before election day, and received no more than five business days after election day is consistent with federal law,” Guirola wrote.
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Mississippi is one of 20 states that allows mailed ballots to be counted if postmarked by Election Day, a practice also seen in swing states such as Nevada and other states such as Colorado, Oregon, and Utah, which rely heavily on mail voting.
The Washington Examiner contacted the RNC for comment.
