Major Ruling in Mississippi Declares Mail-In Ballots Arriving After Election Day Should Not Be Counted

In case this election cycle wasn’t crazy enough for you, the 5th Circuit Court of Appeals just dropped another seismic ruling that could impact post-election lawsuits.

As podcaster George Behizy noted on ð•:

The 5th Circuit Court just ruled that ballots MUST be received by Election Day and any state laws that allow them to be received and counted after Election Day violate federal law.

THIS CHANGES EVERYTHING. I kid you not.

“Congress statutorily designated a singular “day for the election” of members of Congress and the appointment of presidential electors. 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. Because Mississipppi’s statute allows ballot receipt up to five days after the federal election day, it is preemted by federal law. We reverse the district court’s contrary judgment and remand for further proceedings.”

Because this is a decision by one of the highest courts in the nation, it impacts elections EVERYWHERE.

The joy I’m feeling right now is unbelievable. This one decision has done more to restore election integrity than anything I’ve ever seen. God bless the 5th Circuit.

To be clear, this ruling will not have the full impact on the 2024 election that Behizy indicates, but his joy is still partially warranted. He is correct that this will be used in any lawsuits filed against ballots received after Election Day but does not guarantee that they won’t be counted. It’s a huge win for the GOP but does not fully solve the late mail-in ballot problem completely. Nevertheless, it’s a good start, albeit late.

According to NPR:

A conservative U.S. appeals court has sided with Republicans in ruling against a Mississippi law that allows election officials to count mail ballots that are postmarked by Election Day but arrive after it.

The ruling by the 5th Circuit Court of Appeals — which covers Mississippi, Louisiana and Texas — sends the issue back to a lower court for further consideration, and is likely to be appealed to the U.S. Supreme Court.

In its ruling Friday, a panel of all Trump-appointed 5th Circuit judges reversed a lower court ruling and wrote that the acceptance of ballots ends on the “election day” designated by Congress.

“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. “Because Mississippi’s statute allows ballot receipt up to five days after the federal election day, it is preempted by federal law.”

The judges declined to grant Republicans’ initial request for an injunction, sending the issue back to the lower court for “further proceedings to fashion appropriate relief, giving due consideration to ‘the value of preserving the status quo in a voting case on the eve of an election.’”

By sending it back to the lower court, the impact on the 2024 election will likely be limited. But it does give ammunition for post-election lawsuits should the question of mail-in ballot timing be an issue in tightly contested states, which seems almost certain.

Is this a win? Absolutely. Does this do “more to restore election integrity than anything I’ve ever seen” as Behizy noted? Probably not. But it’s a starting point from which the debacle of pandemic era mail-in ballot rules can be tightened for the future. As for the 2024 election, it could prove to be impactful if the race is as close as it appears.

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