The U.S. Court of Appeals for the Fifth Circuit released an opinion on Oct. 25 stating that federal law requires mail-in ballots be counted no later than election day.
The opinion, which came less than two weeks before the 2024 elections, redirected the case back to the lower court while refraining from issuing an injunction that would halt Mississippi's law.
"Because Mississippi's statute allows ballot receipt up to five days after the federal election day, it is preempted by federal law," Judge Andrew Oldham, an appointee of former President Donald Trump, wrote in his opinion for the court.
"We decline to grant plaintiffs' initial request for a permanent injunction. ... Instead, we remand to the district court for further proceedings to fashion appropriate relief, giving due consideration to 'the value of preserving the status quo in a voting case on the eve of an election.'" He was quoting another fifth circuit case but also referenced the Supreme Court's 2006 decision in Purcell v. Gonzalez.
Mississippi Secretary of State Michael Watson had told the Fifth Circuit that an election was voters' "Conclusive choice of an officeholder," which took place on election day.
"The selections are done and final." Mississippi's "Problem," he said, "Is that it thinks a ballot can be 'cast' before it is received." He added that "[a] voter's selection of a candidate differs from the public's election of the candidate.
" Mississippi is one of several states with laws allowing mailed ballots to be counted if they are postmarked by Election Day, according to the National Conference of State Legislatures.
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