Judicial Watch announced today that the U.S. Court of Appeals for the Fifth Circuit has issued an opinion reversing a lower court ruling on Mississippi’s election law that permitted absentee ballots to be received as late as five business days after Election Day.
Earlier this year, Judicial Watch filed the civil rights lawsuit challenging the Mississippi election law on behalf of the Libertarian Party of Mississippi (Libertarian Party of Mississippi v Wetzel et al. (No. 1:24-cv-00037)). The court consolidated the case filed by Judicial Watch with one filed by the Republican National Committee, the Mississippi Republican Party, and other complainants.
(Judicial Watch filed the first challenge to require all ballots be received by Election Day in 2022 against Illinois.)
The Fifth Circuit opinion states in part:
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. 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.