Federal Court Rules Against Late Mail-In Ballots In Mississippi

Pens are encircled by "I Voted" stickers at an election precinct in Jackson, Miss., March 12, 2024. (AP Photo/Rogelio V. Solis, File)

A recent decision by a conservative federal court has stated that Mississippi cannot count mail-in ballots that arrive shortly after Election Day. The ruling, issued by a three-judge panel of the 5th U.S. Circuit Court of Appeals, emphasized that counting late ballots, even if postmarked by Election Day, violates federal law. However, the judges did not immediately block Mississippi from continuing this practice, citing concerns about changing established procedures shortly before an election.

The decision is not expected to impact the upcoming Nov. 5 election in heavily Republican Mississippi. Still, it could have implications for voting in swing states if the case reaches the Supreme Court. The ruling reverses a previous decision by a U.S. District Judge and sends the case back for further action.

Mississippi is one of several states that allow mailed ballots to be counted if postmarked by Election Day, a practice also followed by swing states like Nevada and states such as Colorado, Oregon, and Utah. The lawsuit challenging Mississippi's law argued that it improperly extends the federal election, potentially diluting the impact of timely, valid ballots. However, the state's Attorney General and Secretary of State, both Republicans, have defended the practice.

Ruling by 5th U.S. Circuit Court of Appeals cites violation of federal law.

Mississippi barred from counting late mail-in ballots post-Election Day.

Decision not expected to affect Nov. 5 election in Mississippi.

While the ruling was praised by the Republican National Committee for upholding 'commonsense ballot safeguards,' the Democratic National Committee did not immediately comment on the decision. The case has drawn attention due to its potential impact on election procedures and the differing opinions among federal courts on similar challenges.

Despite the ruling, the effect on the upcoming election is expected to be minimal, as the decision will not be returned to a lower court until after the Nov. 5 deadline. The appellate judges' decision has sparked debate among legal experts, with some criticizing the ruling as unprecedented.

Mississippi's Secretary of State has indicated that his office will explore all available legal options in response to the ruling. The judges who issued the decision were all nominated to the 5th Circuit by former President Donald Trump.