The United States Court of Appeals for the 5th Circuit ruled on Friday that ballots should arrive by Election Day to be counted, potentially overriding state laws that allow late-arriving ballots. This ruling affects election protocols in Louisiana, Mississippi, and Texas—the states under the 5th Circuit’s jurisdiction. Previously, only Mississippi allowed ballots postmarked by Election Day to be counted if received later.
For now, the ruling sends the Republican National Committee’s challenge back to a lower court to determine whether the Mississippi statute should be blocked immediately or if it’s too close to the election to do so.
The decision has drawn strong reactions. Republican National Committee Chairman Michael Whatley celebrated the ruling, calling it a major step for election integrity. “This is a seismic win for fair, accurate, secure, and transparent elections,” Whatley shared on X.
MASSIVE ELECTION INTEGRITY VICTORY:
— Michael Whatley (@ChairmanWhatley) October 25, 2024
The 5th Circuit has just ruled that ballots must be received BY ELECTION DAY to be counted — not days after — following an RNC lawsuit.
This is a seismic win for fair, accurate, secure, and transparent elections.
Yet, the ruling’s implications may extend beyond these states. Some legal experts suggest that the 5th Circuit’s decision could set the stage for a broader review by the U.S. Supreme Court. A potential Supreme Court decision could challenge the laws in 18 states, plus the District of Columbia, that currently allow ballots postmarked by Election Day to be counted even if they arrive afterward.
The Hill continues:
“Federal law requires voters to take timely steps to vote by Election Day. And federal law does not permit the State of Mississippi to extend the period for voting by one day, five days, or 100 days. The State’s contrary law is preempted,” Circuit Judge Andrew Oldham wrote for the unanimous three-judge panel.
Oldham and the other two judges, Kyle Duncan and James Ho, were all appointed by former President Trump.
Mississippi’s law allows for mail ballots to be received by officials up to five days after Election Day. But the panel of judges ruled that federal law overrides that rule.
“Congress statutorily designated a singular ‘day for the election’ of members of Congress and the appointment of presidential electors,” the panel wrote. “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.”
Such a decision would have sweeping effects, potentially overturning these state-specific rules and reshaping the framework for how late-arriving ballots are handled nationwide. Observers are closely watching to see if this will escalate to the nation’s highest court.
Here's the decision. Judge Andy Oldham writes for himself and Judges James Ho and Kyle Duncan. This is bad. https://t.co/DtAvmTcPXY pic.twitter.com/R3vQo2tgd4
— Chris “Law Dork” Geidner (@chrisgeidner) October 25, 2024
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If it doesn’t arrive on time, it is the voter’s fault for not getting it in the mail or delivering it themselves. What the hell is this? If you don’t attend the polls on election day, you get to go to the county seat and submit a vote. It sounds like Democratic election interference. They’d have a stroke if it were vice versa.