A federal appeals court has 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 ruling by the 5th U.S. Circuit Court of Appeals does not impact the current election, but could lead to a possible challenge that may go to the U.S. Supreme Court. The court’s decision states that ballots must be cast and received by state officials on Election Day. As of November 2022, 18 states and the District of Columbia allow post-election receipt of ballots, but the ruling suggests they should not be allowed to do so.
The decision has been criticized by legal experts, with some calling it “bonkers” and noting that requiring voters to cast their ballots by Election Day is not the same as saying their ballots must be received by that day. The ruling is seen as a significant victory for the Republican National Committee, which brought the initial lawsuit challenging Mississippi’s mail-in ballot rule.
While the decision does not have an immediate impact on the current elections, it could have ramifications for states that allow ballots postmarked before Election Day to be counted. The case has been sent back to the lower court for further action, and it remains to be seen if any changes will be made to Mississippi’s election rules at this late stage.
Photo credit
www.nbcnews.com