Kathianne
10-26-2024, 03:34 PM
https://www.politico.com/live-updates/2024/10/25/2024-elections-live-coverage-updates-analysis/mail-in-voting-ruling-00185653
Ballots that arrive after Election Day are invalid, federal appeals court rulesThe ramifications of the ruling could be enormous but may not apply to 2024 contests. Appeals are likely.
By Kyle Cheney, Zach Montellaro and Josh Gerstein
10/25/2024, 6:44pm ET
A federal appeals court ruled Friday that votes in federal elections must be received by state officials by the time polls close, striking down a Mississippi law that allowed ballots to arrive after Election Day.
The ruling could have sweeping implications for the way many states have administered elections for years, but it’s unclear if the decision — made by three Trump-appointed judges on the New Orleans-based 5th Circuit Court of Appeals — will apply on Nov. 5 or only in future elections. Likely appeals could also slow the impact. Still, the effect could be enormous if other courts uphold its rationale that long-standing federal law requires all ballots to be received by Election Day.
Recognizing the significance of its decision, the panel also left it up to a lower-court judge — who initially sided with Mississippi — to determine when the ruling should take effect. The panel underscored the longstanding legal principle that courts should avoid changing election policies on the eve of the vote.
For now, the circuit court’s ruling only applies to Louisiana, Texas and Mississippi — a list that does not include any core presidential battlegrounds but includes a key Senate race. It also tees the issue up for the Supreme Court, where a similar ruling would have a far more dramatic impact.
Judge Andrew Oldham wrote in a 22-page opinion, joined by Judges James Ho and Kyle Duncan, that Congress had set one national Election Day and that “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.”
If upheld, the decision would have a significant political effect. Mail-in voting has become increasingly popular, and broadly more Democrats vote via mail than Republicans since former President Donald Trump and his allies began attacking the process in the run-up to and aftermath of the 2020 election. Any decision that results in fewer mail ballots being counted will disproportionately affect Democratic-leaning voters.
Most states require that ballots be in the possession of election officials by the time polls close, but 18 states and Washington, D.C. have a grace period. Those states allow for ballots to count as long as they are postmarked by Election Day and received soon after, according to the National Conference of State Legislatures. The time ranges from a day after in Texas to up to 10 days in Alaska. (Federal law sets different time periods for military and overseas voters.)
The ruling Friday came in response to a pair of lawsuits: one brought by the Republican National Committee and the Mississippi Republican Party, and another brought by the Libertarian Party of Mississippi.
The RNC celebrated the decision calling it a “major win for election integrity.”
A spokesperson for Mississippi Attorney General Lynn Fitch, whose office defended the state’s grace period for receipt of absentee ballots, did not immediately commit to challenging the ruling.
Ballots that arrive after Election Day are invalid, federal appeals court rulesThe ramifications of the ruling could be enormous but may not apply to 2024 contests. Appeals are likely.
By Kyle Cheney, Zach Montellaro and Josh Gerstein
10/25/2024, 6:44pm ET
A federal appeals court ruled Friday that votes in federal elections must be received by state officials by the time polls close, striking down a Mississippi law that allowed ballots to arrive after Election Day.
The ruling could have sweeping implications for the way many states have administered elections for years, but it’s unclear if the decision — made by three Trump-appointed judges on the New Orleans-based 5th Circuit Court of Appeals — will apply on Nov. 5 or only in future elections. Likely appeals could also slow the impact. Still, the effect could be enormous if other courts uphold its rationale that long-standing federal law requires all ballots to be received by Election Day.
Recognizing the significance of its decision, the panel also left it up to a lower-court judge — who initially sided with Mississippi — to determine when the ruling should take effect. The panel underscored the longstanding legal principle that courts should avoid changing election policies on the eve of the vote.
For now, the circuit court’s ruling only applies to Louisiana, Texas and Mississippi — a list that does not include any core presidential battlegrounds but includes a key Senate race. It also tees the issue up for the Supreme Court, where a similar ruling would have a far more dramatic impact.
Judge Andrew Oldham wrote in a 22-page opinion, joined by Judges James Ho and Kyle Duncan, that Congress had set one national Election Day and that “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.”
If upheld, the decision would have a significant political effect. Mail-in voting has become increasingly popular, and broadly more Democrats vote via mail than Republicans since former President Donald Trump and his allies began attacking the process in the run-up to and aftermath of the 2020 election. Any decision that results in fewer mail ballots being counted will disproportionately affect Democratic-leaning voters.
Most states require that ballots be in the possession of election officials by the time polls close, but 18 states and Washington, D.C. have a grace period. Those states allow for ballots to count as long as they are postmarked by Election Day and received soon after, according to the National Conference of State Legislatures. The time ranges from a day after in Texas to up to 10 days in Alaska. (Federal law sets different time periods for military and overseas voters.)
The ruling Friday came in response to a pair of lawsuits: one brought by the Republican National Committee and the Mississippi Republican Party, and another brought by the Libertarian Party of Mississippi.
The RNC celebrated the decision calling it a “major win for election integrity.”
A spokesperson for Mississippi Attorney General Lynn Fitch, whose office defended the state’s grace period for receipt of absentee ballots, did not immediately commit to challenging the ruling.