The U.S. Fifth Circuit Court of Appeals sided with Republicans on Friday, ruling that a Mississippi law violated federal regulations by allowing mail-in ballots to be counted up to five days after the election, according to a court filing.
In January, the Republican National Committee (RNC) and Mississippi Republican Party sued state officials over the law, which allowed election workers to count mail-in absentee ballots for up to five days after Election Day — a measure enacted in 2020, according to Mississippi Today. The three-judge panel, appointed by former President Donald Trump, reversed a lower court ruling, stating that Congress had “statutorily designated” Election Day as a single day.
“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,” the ruling states.
“Because Mississippi’s statute allows ballot receipt up to five days after the federal election day, it is preempted by federal law,” the ruling continued. “We reverse the district court’s contrary judgment and remand for further proceedings.”
While an estimated 20 states and Washington, D.C., allow mail-in ballots to be accepted and counted after Election Day, Republicans in the case argued that states don’t have the right to set their own deadlines for accepting ballots, according to WUFT.
“Congress established one specific day as the uniform, national Election Day for federal office. Federal law prohibits holding voting open after Election Day,” their lawsuit stated.
However, the judges did not fully strike down the Mississippi law; instead, they returned it 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.’”
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