Mississippi Law Allowing Post-Election Day Ballots Deemed Illegal by Appeals Court

Mail-In Ballots and Federal Law

On October 25, the U.S. Court of Appeals for the Fifth Circuit announced that federal law necessitates that mail-in ballots be counted no later than election day. This ruling was made against a Mississippi law that allows ballots to be counted if they arrive within five days after the election and are postmarked on or before the election day.

Impact on Mississippi Law

The court's opinion, delivered less than two weeks before the 2024 elections, sent the case back to the lower court without issuing an injunction to stop Mississippi’s law. This policy was implemented during the COVID-19 pandemic and was maintained by the state after the pandemic ended. Judge Andrew Oldham, a former President Donald Trump appointee, stated in his court opinion that the Mississippi statute is preempted by federal law because it allows ballot receipt up to five days after the federal election day.

Reactions to the Decision

RNC Chairman Michael Whatley hailed the court's decision as a "seismic win for fair, accurate, secure, and transparent elections." In explaining the decision to send the case back to the lower court rather than block Mississippi’s law, Oldham cited a Supreme Court precedent that advises against last-minute changes to election procedures. He emphasized that the decision does not comment on remedies.

Arguments and Reasoning

Mississippi Secretary of State Michael Watson argued before the Fifth Circuit that an election, which is voters’ "conclusive choice of an officeholder," occurs on election day. He maintained that this holds true even if election officials do not receive those ballots until after election day. Oldham, along with Judges James Ho and Kyle Duncan, heard oral arguments on the issue in September. The Republican National Committee (RNC) appealed a lower court decision that ruled in favor of Mississippi.

Constitutional Authority and Ballot Timing

Oldham argued that the Constitution grants Congress authority over elections through two provisions, including one that allows Congress to alter the timing of federal elections hosted by states. He differentiated between the timing of ballot counting and ballot casting, stating that the result is fixed when all of the ballots are received and the ballot box is closed. He criticized Mississippi's interpretation that a ballot can be "cast" before it is received.

Mail-In Ballot Laws Across the U.S.

Mississippi is among several states with laws allowing mailed ballots to be counted if they are postmarked by Election Day, according to the National Conference of State Legislatures. This includes swing states like Nevada and states such as Colorado, Oregon, and Utah that heavily rely on mail voting. In July, a similar lawsuit in Nevada was dismissed by a federal judge. The Republican National Committee is asking the 9th Circuit Court of Appeals to revive that case.

Legal Challenges and Voter Registration

The RNC has stated that it is involved in over 130 lawsuits across 26 states. States have also pursued their own efforts while facing challenges from outside parties, including the Justice Department (DOJ). On the same day Oldham's opinion was released, a federal judge granted the DOJ’s request to halt Virginia’s program for purging non-citizens from voter rolls. Federal Judge Patricia Giles ruled that the program was within a prohibited 90-day timeframe set up by the National Voter Registration Act, a federal law passed by Congress in 1993. A similar program in Alabama was also blocked by a federal judge.

Bottom Line

The decision by the U.S. Court of Appeals for the Fifth Circuit underscores the ongoing legal battles over voting laws and procedures in the United States. The ruling against Mississippi's law allowing post-election day ballot counting could have significant implications for future elections, particularly in states that heavily rely on mail-in voting. What are your thoughts on this development? Do you believe it will impact the integrity and transparency of future elections? Share this article with your friends and engage in the discussion. Remember, you can sign up for the Daily Briefing, which is delivered every day at 6pm.