5th Circuit rules ballots that arrive late shouldn't be counted despite postmarks
The 5th Circuit ruling could have implications for mail-in voting in other states with laws similar to Mississippi's. (AP Photo/Gene J. Puskar, File)
A federal appeals court Friday ruled invalid a Mississippi law that allows election officials to count mail ballots that arrive after Election Day as long as they are postmarked by then.
The ruling came less than two weeks before the Nov. 5 presidential election and could have implications for other states with similar laws. The U.S. Court of Appeals for the 5th Circuit did not rule on how the state should handle ballots for this election, saying that matter should be addressed later by a trial court judge.
The Mississippi case is one front in a legal battle over voting rules and which ballots to count. Most of the fights have concentrated on the policies in battleground states like Pennsylvania and Georgia, but the Mississippi case showed that disputes can surface even in reliably Republican places.
Mississippi allows mail ballots to be counted if they arrive up to five days after Election Day and are postmarked by then. Seventeen other states and D.C. have similar laws.
The Republican National Committee sued over the Mississippi law in January, arguing that elections must be completed by Election Day because Congress has set a specific day for the election. A district court upheld the law in July, saying states could set their own policies on mail ballots.
On Friday, a panel of three appeals judges appointed by former president Donald Trump reversed the district court, finding that federal law sets a firm deadline for returning ballots.
“Federal law requires voters to take timely steps to vote by Election Day,” Judge Andrew S. Oldham wrote for the unanimous panel. “And federal law does not permit the State of Mississippi to extend the period for voting by one day, five days, or 100 days.”
It will be up to the district court to decide what to do next, including whether Mississippi must count late-arriving ballots in November.
The 5th Circuit is based in New Orleans and has jurisdiction over Mississippi, Louisiana and Texas. Texas has a law similar to Mississippi’s that allows mail ballots to be counted if they arrive by 5 p.m. on the day after Election Day.
The decision tees up the possibility of fights over ballot deadlines in other states with similar laws, including the swing state of Nevada. The disputes in those states could play out now or for future elections.
