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Court Rules Against Mississippi Practice of Counting Late-Arriving Mail-In Ballots

 October 27, 2024

A recent ruling by a U.S. appeals court has reverberated across the nation, as it declared that counting mail-in ballots received after Election Day contravenes federal law.

The court's decision, though specifically addressing Mississippi's ballot-counting practices, has sparked wider debate and may eventually reach the nation's highest judicial body, as Reuters reports.

On Friday, the 5th U.S. Circuit Court of Appeals delivered a ruling that directly challenges Mississippi's allowance of a five-day period post-Election Day to count mail-in ballots.

This significant decision came from a conservative-leaning panel of judges operating out of New Orleans.

Details of the Court's Recent Decision

The judgment does not immediately change Mississippi's voting laws but places the matter in the hands of the lower court, which needs to decide the subsequent steps and maintain the status quo leading up to the Nov. 5 election. Consequently, no immediate alterations to Mississippi's election procedures will occur.

The origins of this legal challenge can be traced back to a coalition led by the Republican National Committee, joined by the Mississippi Republican Party and two Republican voters, seeking clarity and alteration of mail-in voting regulations.

These efforts specifically targeted the state law established in 2020, a product of legislation driven by Mississippi’s Republican-dominated legislature, aimed at formalizing how mail-in ballots were processed after Election Day.

Wider Impacts Across the States

The implications of the 5th Circuit's ruling extend beyond Mississippi, affecting mail-in voting protocols in states under its jurisdiction including Texas and Louisiana. This has caused considerable discourse on the reach and influence of conservative judicial philosophy concerning voting rights.

Approximately 20 other states have similar practices regarding mail-in ballots, which puts them at potential risk for similar legal scrutiny given the broad implications of this case.

In addition to the Republican-led challenge, the Mississippi Libertarian Party has also filed a lawsuit that contests the state’s ruling on mail-in ballots. This demonstrates a cross-party concern about the regulations governing the electoral process.

Reactions to the Judicial Ruling

Michael Whatley, RNC co-chair, expressed that the ruling marks a significant victory for maintaining the integrity of the election process, affirming the importance of clear and defined ballot handling procedures.

Mississippi's Attorney General Lynn Fitch's office responded with a measured tone, respecting the court's determination and expressing eagerness for the upcoming proceedings that will determine the legal path forward.

The office emphasized the importance of following the legal process through its conclusion.

The case's progression has the potential to challenge and alter mail-in voting norms that have been in place for substantial periods in several states across the country. It raises questions about future elections and the ongoing balance between electoral security and voter accessibility.

Possibility of Supreme Court Review

As of now, the determination upholds current rules in Mississippi while adding an element of uncertainty to future mail-in voting proceedings in the region. The intricate balance of state and federal voting mandates remains a focal point for judicial review.

The appeals court's ruling could possibly ascend to the U.S. Supreme Court, a scenario that has both proponents and challengers of the ruling preparing for extended legal engagements.

Such a development would invite national attention and potentially lead to lasting changes in the country’s electoral framework.

For now, the ruling acts as a temporary directive, mandating legislators, voters, and election officials to navigate the immediate future within the confines of existing statutes until the case is conclusively resolved.