The U.S. Fifth Circuit Court of Appeals ruled in favor of Republicans on Friday, determining that a Mississippi law allowing mail-in ballots to be counted up to five days after Election Day violates federal regulations. The court’s decision reverses a previous lower court ruling, emphasizing that federal law mandates a single, uniform Election Day for federal office.
The dispute began in January when the Republican National Committee (RNC) and the Mississippi Republican Party sued state officials over the 2020 law, which permitted election workers to count mail-in absentee ballots up to five days post-Election Day.
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The three-judge panel, all appointed by former President Donald Trump, concluded that this practice conflicts with the federal designation of Election Day as a specific date.
The ruling states, “Congress statutorily designated a singular ‘day for the election’ of members of Congress and the appointment of presidential electors. 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.”
The decision further explains, “Because Mississippi’s statute allows ballot receipt up to five days after the federal election day, it is preempted by federal law. We reverse the district court’s contrary judgment and remand for further proceedings.”
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While about 20 states and Washington, D.C., have laws that permit counting mail-in ballots received after Election Day, Republicans in the Mississippi case argued that states cannot independently set deadlines for accepting ballots.
Their lawsuit stated, “Congress established one specific day as the uniform, national Election Day for federal office. Federal law prohibits holding voting open after Election Day.”
However, the court did not completely strike down the Mississippi law. Instead, it sent the case back to the lower court for “further proceedings to fashion appropriate relief,” while considering “the value of preserving the status quo in a voting case on the eve of an election.”
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