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Mississippi’s Ballot Receipt Act has been struck down by a court. A similar law exists in the swing state of Nevada

Mississippi’s Ballot Receipt Act has been struck down by a court. A similar law exists in the swing state of Nevada

A federal appeals court struck down a Mississippi law allowing it postal ballots received within five days from Elections on November 5 be counted.

A three-judge panel said Friday that the law conflicted with federal law designating “Election Day” and therefore should be repealed. The lawsuit was brought by the Republican National Committee and the Mississippi Republican Party.

In defending its law, the state suggested that receiving ballots is not a necessary element of a voter casting a ballot.

“The state’s problem is that it believes the ballot can be ‘cast’ before it is received.” he wrote Judge Andrew Oldham, appointed by President Donald Trump to the United States Court of Appeals for the Fifth Circuit.

If that’s true, Oldham suggested, the state could allow voters to cast ballots by marking them and then putting them in a drawer or posting photos of them on social media.

“The hypotheticals are obviously absurd,” said Oldham, who was appointed judge by former president Donald Trumphe wrote.

Postal ballotPostal ballot

Postal ballot

Many states, as well as Washington, D.C., allow ballots that arrive after Election Day to be counted, including those that are voted on Nevada, a swing state this involves the need to receive ballots sent by post within four days of the election. In July, a federal judge released lawsuit filed by the Republican National Committee and the Nevada Republican Party to dismiss Nevada’s four-day allowance.

Mississippi and Texas are the only states within the Fifth Circuit with such laws and, therefore, the only states directly affected by this decision. In Texas, mail-in ballots postmarked by Election Day are counted if received until the day after the election.

However, this ruling is an interpretation of federal law applicable throughout the country. Federal courts in other areas could reach similar conclusions, or the Supreme Court could do so for the entire country.

“Our county clerks and election commissioners will follow the law, whether the Legislature or a court decides what it is!” Tim C. Holleman, a lawyer representing Mississippi officials in the case, said in an email. “They are here to serve the public and ensure that our elections run smoothly and legally to serve the voters!”

“This is a huge victory for election integrity, respect for the law and common-sense voting safeguards,” the Republican National Committee said in a statement press release following the ruling. “Voters deserve nothing less than fair and transparent elections that end on November 5.”

Oldham’s opinion was joined by Judges James Ho and Kyle Duncan, who were also appointed by Trump to the Fifth Circuit Court of Appeals.

This article originally appeared on USA TODAY: The MS Act on postal voting has been abandoned. A similar law exists in the swing state of Nevada