Court says Mississippi cannot count late-cast ballots, but ruling doesn’t affect November 5 vote

JACKSON, Mrs. – Conservative federal court says Mississippi can’t count mail-in ballots that arrive shortly thereafter Election dayhowever, Friday’s decision was not expected to have an impact on the November 5 elections.

Although the appellate judges adamantly held that counting late ballots violates federal law even if ballots are mailed by Election Day, the justices stopped short of issuing an emergency injunction barring Mississippi from continuing the practice. Their ruling noted that federal court precedent discourages judicial action that changes established procedures shortly before an election.

The outcome may be slim in most elections in largely Republican Mississippi, but the case could have an impact on votes in swing states if the Supreme Court ultimately rules.

A three-judge panel of the Fifth U.S. Circuit Court of Appeals reversed a July decision by U.S. District Judge Louis Guirola Jr., who dismissed complaints about Mississippi’s election laws by the Republican National Committee, the Mississippi Libertarian Party and others. The appellate court’s order sent the case back to Guiroli for further action.

The appeals court said its Friday ruling would not be returned to the lower court until seven days after the deadline for filing an appeal against the decision – which is usually at least 14 days – expires. This would mean that the effects of the ruling would occur much later than November 5.

UCLA law professor Richard Hasen wrote on his election law blog that the appeals court’s ruling was a “crazy opinion” and noted that “every other court hearing these cases has rejected this argument.”

Republicans filed the motion over 100 proceedings questioning various aspects of the casting of votes after judges were repeatedly punished in 2020 for filing complaints about the way the election was conducted only after the votes had been counted.

Republican National Committee Chairman Michael Whatley praised the ruling for upholding “common-sense voting safeguards” and said voters deserve “a transparent election that ends on November 5.”

A spokesman for the Democratic National Committee did not immediately comment on the ruling.

According to Mississippi, it is one of several states with laws that allow mailed ballots to be counted if they are postmarked before Election Day. National Conference of State Legislatures. The list includes swing states like Nevada and states like Colorado, Oregon and Utah that rely heavily on mail-in voting.

In July, a federal judge dismissed a similar lawsuit in Nevada. The Republican National Committee is asking the 9th Circuit Court of Appeals to reopen the case.

Guirola wrote that Mississippi’s law does not conflict with federal election law. The lawsuit challenging Mississippi’s law argued that the state improperly extends federal elections, resulting in “timely and valid ballots being diluted by timely and invalid ballots.”

Guirola disagreed, writing in July that “under Mississippi law, no ‘final selection’ is made after federal Election Day.” The only thing that happens after Election Day is the delivery and counting of ballots cast on or before Election Day.”

Although the challenge in Mississippi was led by Republicans and Libertarians, there is bipartisan support for the practice in Mississippi. Mississippi Attorney General Lynn Fitch defends the state’s top election official. Secretary of State Michael Watson charged in this case. Both are Republicans.

Watson said in a statement Friday that his office will “explore all available legal options.”

Members of the appellate panel that overturned Guiroli’s conviction were Judges James Ho, Stuart Kyle Duncan and Andrew Oldham, all nominees to the 5th Circuit by former President Donald Trump.

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McGill reported from New Orleans. Associated Press reporter Mark Sherman reported from Washington.