Court rules Mississippi cannot count ballots received after Election Day

Three judges in the 5th US Circuit Court of Appeals of Mississippi ruled Friday that the state cannot count mail-in ballots that arrive at election offices after Election Day – however the decision will likely not have any direct effect on the Nov. 5 presidential election because it has occurred so close to the deadline, the Associated Press reported.

The judges were adamant that counting late ballots, even those postmarked on Election Day, is a violation of federal law but they did not issue an order to immediately discontinue the practice. The appeals court said the ruling would not be returned to a lower court until seven days after the deadline for appealing their decision, which is around 14 days, placing the effect of the ruling beyond the election.

“Congress statutorily designated a singular ‘day for the election’ of members of Congress and the appointment of presidential electors,” the 5th Circuit panel said. “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,” CNN reported.

The three judges reversed a July decision by US District Judge Louis Guirola Jr., who had overruled legal challenges to Mississippi election law. the RNC, the Libertarian Party of Mississippi and others. The appeals court order sent the case back to Guirola for further action.

The ruling is a clear victory for the Republican National Committee (RNC) which challenged the late ballot practice, and it could be a long-term victory for Republicans and conservatives who view mail-in ballots as ripe for fraud and abuse. Although late ballots might not be crucial in heavily Republican Mississippi, they certainly are in most battleground states and the decision might have wider consequences if the Supreme Court addresses this issue, AP noted.

“Voters deserve nothing less than a fair and transparent election which ends on November 5th. We will continue to defend the law, fight for protection of every legal vote, and stop election interference in our country’s most important election,” RNC Chairman Michael Whatley said in a statement praising the ruling.