A U.S. federal appeals court ruled against Mississippi’s mail ballot law that allows election officials to count ballots that are postmarked by Election Day but arrive afterward, setting the stage for a possible Supreme Court review.
The 5th Circuit Court of Appeals, which has jurisdiction over Mississippi, Louisiana, and Texas, sent the issue back to a lower court for further review. The decision would only impact Mississippi should a federal district court judge agree to bar the state from counting late-arriving mail-in ballots.
The decision, issued by a panel of 5th Circuit judges, some of which appointed by former President Donald Trump, reversed a lower court’s earlier ruling.
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The judges stated that “Election Day,” as designated by Congress, is the last day ballots should be cast and received by state officials. “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 court wrote, adding that Mississippi’s policy allowing ballots to arrive up to five days later is in conflict with federal law.
Although Republicans had requested an injunction to block the policy immediately, the judges declined and sent it back to the lower court to determine “appropriate relief,” noting the importance of preserving the voting process status quo close to an election.
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Republican National Committee Chairman Michael Whatley lauded the decision as a “MASSIVE ELECTION INTEGRITY VICTORY.”
MASSIVE ELECTION INTEGRITY VICTORY:
The 5th Circuit has just ruled that ballots must be received BY ELECTION DAY to be counted — not days after — following an RNC lawsuit.
This is a seismic win for fair, accurate, secure, and transparent elections.
— Michael Whatley (@ChairmanWhatley) October 25, 2024
“The 5th Circuit has just ruled that ballots must be received BY ELECTION DAY to be counted — not days after — following an RNC lawsuit. This is a seismic win for fair, accurate, secure, and transparent elections,” Whatley wrote in a post on X.
The RNC, along with former President Donald Trump’s campaign, have filed lawsuits in multiple states this election cycle challenging policies that allow ballots to be counted if received after Election Day. About 20 states, plus Washington, D.C., count mail-in ballots received post-Election Day, provided they are postmarked by Election Day.
These grace periods are lauded by election rights advocates because they account for mail delays, unforeseen circumstances, or voter error in returning ballots on time.
Because of the limited scope of the decision and its proximity to the Nov. 5 Election Day, the decision is unlikely to have a seismic impact on the race between Trump and Vice President Kamala Harris.
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But left-leaning advocates for these grace periods, such as former federal prosecutor Joyce Vance, were left discouraged by the precedent the 5th Circuit’s decision could set for future elections.
“But if late counting of votes, cast by Election Day is impermissible, can challenges to early voting be far behind?” Vance posted to X.
