On Friday, the 5th U.S. Circuit Court of Appeals 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 after Election Day is pre-empted by federal law. The court did not issue an injunction blocking the counting of votes for the current election but sent the case back to the lower court. This decision could potentially lead to a challenge that may reach the U.S. Supreme Court and impact other states that allow similar ballot counting practices.
The ruling states that ballots must be both cast by voters and received by state officials on the designated day for the election, as outlined by federal law. It notes that as of November 2022, several states, including the District of Columbia, allow post-election receipt of ballots, which the court suggests should not be allowed. This decision has been met with criticism from legal experts who argue that federal law allows states to set their own rules regarding ballot receipt deadlines.
The ruling is considered a major victory for the Republican National Committee, which initiated the lawsuit challenging Mississippi’s mail-in ballot rule. The RNC praised the decision as a “MASSIVE ELECTION INTEGRITY VICTORY.” It remains to be seen whether this ruling will have any immediate impact on the current election or if further legal challenges will arise.
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