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CV NEWS FEED // A three-judge panel of the U.S. Court of Appeals for the 5th Circuit ruled on Friday that federal election ballots must be received by Election Day in order to count.
The decision invalidated a Mississippi law that allowed for ballots to be received up to five business days after election day – often known as a ballot “grace period.”
A chorus of election integrity proponents hailed the ruling as a “massive victory.”
“Congress statutorily designated a singular ‘day of election’ of members of Congress and the appointment of presidential electors,” Judge Andrew Oldham wrote in the ruling:
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 Mississippi’s statute allows ballot receipt up to five days after the federal election day, it is preempted by federal law.
Congress established Election Day as the first Tuesday in November in 1845.
All three of the judges on the panel – Oldham, Judge James C. Ho, and Judge Kyle Duncan – were appointed to the federal bench by former President Donald Trump.
Republican National Committee (RNC) Chairman Michael Whatley praised the 5th Circuit’s decision.
“Voters deserve nothing less than a fair and transparent election which ends on November 5th,” Whatley stated. “We will continue to defend the law, fight for protection of every legal vote, and stop election interference in our country’s most important election.”
Next steps
Immediately after the ruling was announced, Republican Mississippi Secretary of State Michael Watson specified on X (formerly Twitter) that “the 5th Circuit Panel’s opinion will not take effect until at least November 18th, meaning this will not affect the November 5th General Election.”
“My team and I will continue to digest the opinion and explore all available legal options,” added Watson, whose office oversees elections in the state.
National Public Radio (NPR) likewise reported that the ruling “is not in effect immediately, and the judges sent the issue back to a lower court for further consideration.”
“The decision is likely to be appealed to the U.S. Supreme Court,” NPR added.
Similar laws in other states
The Washington Post noted that the 5th Circuit “has jurisdiction over Mississippi, Louisiana and Texas,” meaning that its decision does not impact ballot rules in the other 47 states.
“The decision tees up the possibility of fights over ballot deadlines in other states with similar laws,” the Post elaborated. “The disputes in those states could play out now or for future elections.”
A total of 18 states, including Mississippi, allow for “ballot grace periods,” meaning mail-in ballots received after Election Day can count, as long as they are postmarked by Election Day.
One of these states is Texas, which is also within the jurisdiction of the 5th Circuit. Texas’ law “allows mail ballots to be counted if they arrive by 5 p.m. on the day after Election Day,” the Post indicated.
Of the seven states widely considered to be battlegrounds for the 2024 Election, Nevada is the only one that allows for ballots received after Election Day to be counted.
Per Nevada’s grace period law, ballots can count if “received by 5 p.m. on the fourth day following the election if postmarked by Election Day.”
In Arizona, Georgia, Michigan, North Carolina, Pennsylvania, and Wisconsin, mail-in ballots must be received on Election Day under current law.
A ‘critical ruling’
Independent journalist Kyle Becker called the 5th Circuit decision a “critical ruling” and “a huge ruling for election integrity.”
“This sets a clear precedent for election integrity and increases pressure on states to adhere strictly to this standard as the 2024 election approaches,” he wrote on X Friday night:
As Justice Kavanaugh summarized in a separate Supreme Court case: “To state the obvious, a State cannot conduct an election without deadlines . . . A deadline is not unconstitutional merely because of voters’ own failures to take timely steps to ensure their franchise.”
