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Appeals Court Says Late-Arriving Ballots Will Not Be Counted in Mississippi

 October 29, 2024

A federal court has ruled that mail-in ballots arriving after Election Day will not be counted in Mississippi.

The 5th U.S. Circuit Court of Appeals decided on Friday that Mississippi's mailed-in votes must be received by Election Day, marking a reversal of an earlier decision to allow late ballots, as the Post Millennial reports.

This judgment features prominently in discussions about election procedures as the presidential election on Nov. 5 swiftly approaches.

Yet, according to the appeals court, the impact of this decision will not be immediate, meaning it won’t affect this year's contest.

Background of Court's Legal Argument

A panel of judges from the 5th U.S. Circuit Court of Appeals delivered the outcome rejecting the notion of counting ballots received after Election Day, even if they bear a postmark from that pivotal date. The judges argued that federal law designates a specific day for casting votes, encompassing the necessity of not merely postmarking but also receiving ballots within that window.

The panel articulated, "Congress statutorily designated a singular 'day for the election' of members of Congress and the appointment of presidential electors.” They further detailed how precedent confirms that Election Day represents both the day of casting and acknowledging ballots by state authorities.

Details of Prior Ruling

This latest appellate ruling overturns a prior decision by U.S. District Judge Louis Guirola Jr. from July. Guirola had initially endorsed the counting of ballots that arrived post-election, providing they were postmarked in time. In contrast, the recent decision underscores the need for all mail-in votes to arrive by Election Day to be counted.

Following the appeals court's decision, the case now returns to Judge Guirola for further proceedings. This return will set the stage for potentially more courtroom deliberations on the matter.

Potential Impact Beyond Mississippi

While the immediate effects in Mississippi, a predominantly Republican-leaning state, might appear limited, the broader implications could transcend state lines. Should the U.S. Supreme Court decide to review the case, the outcome could establish new legal precedents impacting other states, especially those considered electoral battlegrounds.

The ruling represents a triumph for several groups that opposed the acceptance of late-arriving ballots. Backed by the Republican National Committee (RNC) and the Libertarian Party of Mississippi, opponents of the late ballot counting expressed satisfaction with the decision.

Statements Supporting Court's Decision

RNC Chairman Michael Whatley voiced his approval, emphasizing the importance of an election process that concludes on November 5. He commented that voters deserve an equitable and transparent election, while committing to continue defending the law and safeguarding each legitimate vote.

The contingency for implementation of this ruling will not occur instantaneously. Instead, it awaits the exhaustion of an appeals period. The timeline entails a return to the lower court seven days following the final appeal deadline, approximately spread across 14 days.

Immediate Election Implications Limited

Consequently, the presidential election on Nov. 5 won’t see changes stemming from this ruling, as the change in procedures arrives too late to impact this cycle. Still, the decision’s ripple effects may signal shifts in future election logistics, should similar court interpretations arise elsewhere.

Anticipation now surrounds further proceedings in the lower courts as newly orchestrated actions will decide if the matter continues to climb the judicial ladder.

Judicial Dynamics and Future Considerations

Legal observers are keenly watching for potential appeals or other judicial maneuvers that might reintroduce this subject for higher-level consideration. Speculation arises over whether the U.S. Supreme Court might ultimately address this, providing a uniform interpretation across various states.

By setting limits on when mailed ballots must be received, the ruling underscores a cohesive approach to voting deadlines. This narrative is set against the broader backdrop of legal challenges navigating the balance between voter accessibility and election integrity.

Looking to States in Similar Situations

As Mississippi grapples with the implications of this judicially-ordered change to its voting laws, attention turns to states observing the decision’s effects. Analysts question how other jurisdictions with mail-in voting practices might respond, especially given the contentious political climate surrounding election methodologies.

While many await the final judicial resolution out of Mississippi, this development emphasizes the ongoing national debate over the mechanics of mail-in voting. States identifying with elements of this case may need to evaluate their voting procedures accordingly.

The appellate court’s decision brings about significant discussions on procedural fairness and election integrity. Even as the immediate electoral cycle proceeds unaffected, the possible ramifications of this legal discourse offer a glimpse into shifts within the evolving American electoral landscape.