said every democrat….
Posted on 10/25/2024 8:45:01 PM PDT by TigerClaws
A U.S. federal appeals court ruled against Mississippi’s mail ballot law that allows election officials to count ballots that are postmarked by Election Day but arrive afterward, setting the stage for a possible Supreme Court review.
The 5th Circuit Court of Appeals, which has jurisdiction over Mississippi, Louisiana, and Texas, sent the issue back to a lower court for further review. The decision would only impact Mississippi should a federal district court judge agree to bar the state from counting late-arriving mail-in ballots.
The decision, issued by a panel of 5th Circuit judges, some of which appointed by former President Donald Trump, reversed a lower court’s earlier ruling.
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The judges stated that “Election Day,” as designated by Congress, is the last day ballots should be cast and received by state officials. “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 court wrote, adding that Mississippi’s policy allowing ballots to arrive up to five days later is in conflict with federal law.
Although Republicans had requested an injunction to block the policy immediately, the judges declined and sent it back to the lower court to determine “appropriate relief,” noting the importance of preserving the voting process status quo close to an election.
Republican National Committee Chairman Michael Whatley lauded the decision as a “MASSIVE ELECTION INTEGRITY VICTORY.”
“The 5th Circuit has just ruled that ballots must be received BY ELECTION DAY to be counted — not days after — following an RNC lawsuit. This is a seismic win for fair, accurate, secure, and transparent elections,” Whatley wrote in a post on X.
The RNC, along with former President Donald Trump’s campaign, have filed lawsuits in multiple states this election cycle challenging policies that allow ballots to be counted if received after Election Day. About 20 states, plus Washington, D.C., count mail-in ballots received post-Election Day, provided they are postmarked by Election Day.
These grace periods are lauded by election rights advocates because they account for mail delays, unforeseen circumstances, or voter error in returning ballots on time.
Because of the limited scope of the decision and its proximity to the Nov. 5 Election Day, the decision is unlikely to have a seismic impact on the race between Trump and Vice President Kamala Harris.
How are you supposed to know how many absentee ballots you need, if you have to have them in before election day?
In person voters have to be in line by 7 pm in AZ in order to vote. Why are mail-in & absentee ballots given such a wide leeway? It’s supposed to be equal treatment under the law.
Doesnt this ruin the overseas military vote?
It would fantastic if SCOTUS would apply this ruling nationwide! We could put an end to all the tampering that happens in the days after the polls close.
My home state of Kalifornia currently counts ballots that are received 7 days after election day if they are postmarked on election day. This is absurd and unnecessary.
This only applies to Mississippi. That’s it and it will not impact election night. If it is a landslide, then it will be obvious and uncounted ballots will occur with little notice.
What takes days to count is not ballots received after the election, but the mail ballots received before the election, but they can’t start to count until election day.
Florida allows mail ballots to be counted starting a week before the election. That is why Florida has most of its votes in by 10 pm election night.
Georgia and Penn allow mail ballot counting to begin only on election day and since there are millions, it takes days to count. Cal basically votes by mail and it takes them a month to count - an entire month.
Most states require mail ballots to be received by election day anyway. Most states make exceptions for overseas military ballots and a few allow mail ballots if postmarked by election day and received by a certain date. VA and PA allow any ballot received after election day if properly postmarked and arrives by the Friday after the election.
That's when all incoming stops except for military ballots. No other exceptions.
said every democrat….
No applies nationwide!
“How are you supposed to know how many absentee ballots you need, if you have to have them in before election day?”
Exactly. This is so unfair to vote cheaters, it “shocks the conscience.”
Stop treating the election like everybody has a right to vote by mail. And, make the ones who do qualify (age, disability, etc.) request them in sufficient time to get that done. That’s the way it used to be done. Because Covid came along is no reason to continue this willy nilly melee.
The article plainly and clearly states that it applies to the 5th appellate circuit, which is TX, Lou and Ark...so, go back and read it slowly and carefully. Then read it again.
Yes, I didn’t read the 2nd paragraph.
Just like you didn’t read anything on civil discussion.
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