5th Circuit Rules Mail-In Ballots Must Arrive by Election Day, Impacting 18 States

Oct 25, 2024, 09:23 PM

The U.S. 5th Circuit Court of Appeals has ruled that ballots must be received by Election Day, asserting that states cannot extend elections beyond this date. This decision overrides state laws that allow ballots to arrive and be counted after Election Day, based on federal law preempting state statutes. The ruling, stemming from a Republican National Committee (RNC) lawsuit, affects Mississippi, Louisiana, and Texas, and could have broader implications for the 18 states and Washington D.C. that accept mail-in ballots postmarked by Election Day but arriving later. By citing federal law stipulating a single national Election Day, the court's decision may impact future elections by enforcing stricter deadlines. Voting rights advocates express concern that the ruling may lead to thousands of mail-in votes being discarded due to postal delays. Some legal experts have criticized the ruling, calling it a misinterpretation of federal law. Notably, the decision will not be applied to this year's election, which has already begun.