Fifth Circuit Rules Mississippi Ballots Must Be Received by Election Day, Following RNC Lawsuit

Oct 25, 2024, 10:06 PM

A federal appeals court has ruled that ballots must be received by Election Day to be counted, invalidating state laws that allow ballots arriving after Election Day to be counted. The Fifth Circuit Court of Appeals decision states that federal law preempts state laws that permit mail-in ballots postmarked by Election Day but arriving later to be counted. The ruling came from a case challenging Mississippi's law, following a lawsuit by the Republican National Committee (RNC), which allows counting of mail-in ballots received up to five days after Election Day, provided they are postmarked by Election Day. The court held that this practice violates federal statutes that set a singular federal Election Day, stating that "Congress statutorily designated a singular 'day for the election'... by which ballots must be both cast by voters and received by state officials." The decision, however, will not affect the upcoming election, as it will not be applied to this year's election, which has already started. This ruling could have significant implications for the 18 states and the District of Columbia that currently accept ballots arriving after Election Day.