Appeals Court Says Mississippi Law Allowing Ballots After Election Day Is Illegal

 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.

It ruled against a Mississippi law allowing count ballots to be counted if they arrived no more than five days after the election and if they were postmarked on or before the date of the election.

"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.

Justifying the decision to throw the decision back to the lower court, rather than block Mississippi's law, Oldham referenced a Supreme Court precedent that cautions against last minute changes to election procedures.

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.

"That is so even if election officials do not receive those ballots until after election day," his brief to the court read. "An election does not itself require ballot receipt."

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.

https://www.theepochtimes.com/us/appeals-court-overturns-mississippi-law-that-allows-mail-in-ballots-after-election-day-5748121?utm_source=rtnewsnoe&src_src=rtnewsnoe&utm_campaign=rtbreaking-2024-10-25-3&src_cmp=rtbreaking-2024-10-25-3&utm_medium=email&utm_content=access0&est=AAAAAAAAAAAAAAAAcuMmYBYAzMPd%2Fr0dnnxYA7t1hUABKr5Bl9VUeB4NNszEONEPtbQ%3D