A federal appeals court recently ruled that a Mississippi law allowing mail-in ballots to be counted if they are postmarked before Election Day but received up to five days afterward is overridden by federal law.
This decision was made by the 5th U.S. Circuit Court of Appeals and does not immediately affect the upcoming elections, as the three-judge panel, all appointees of former President Trump, chose not to issue an injunction against counting these ballots. Instead, they returned the case to a lower court for further evaluation.
The implications of this ruling could extend beyond Mississippi, potentially leading to a legal battle that may reach the U.S. Supreme Court.
The appellate court’s stance indicates that ballots received after Election Day should not be counted, aligning with their interpretation of federal law, which designates a specific “day for the election.” According to the judges, ballots must not only be cast by voters but also received by state officials on that designated day.
Federal Appeals Court Rules Mississippi’s Mail-in Ballot Law Conflicts with Federal Election Regulations
In their ruling, the judges emphasized the historical context and legal precedent supporting the notion that Election Day serves as the final deadline for receiving ballots. They articulated that federal law does not permit states to extend the voting period beyond Election Day, regardless of the proposed number of additional days for ballot receipt after that date.
Legal experts have reacted critically to this decision, particularly Rick Hasen, a law professor at UCLA. Hasen described the ruling as “bonkers,” arguing that federal law grants states the power to set their own voting rules, including deadlines for when ballots must be received.
He noted that previous court rulings have consistently rejected similar interpretations, expressing doubt that any changes to Mississippi’s election rules could be upheld if challenged in the Supreme Court.
The ruling is a significant win for the Republican National Committee (RNC), which brought the lawsuit against Mississippi’s mail-in ballot regulations.
RNC Chairman Michael Whatley hailed the decision as a substantial victory for election integrity, highlighting the ongoing political and legal conflicts surrounding voting rights and election regulations in the U.S. This case illustrates the broader debates on how states handle mail-in voting and the interpretation of federal election laws.
