The decision will not impact next week’s Election Day.
A panel of judges from the Fifth Circuit U.S. Court of Appeals ruled that mail-in ballots with a postmark later than Election Day are invalid in its jurisdiction of Texas, Louisiana, and Mississippi. They cited Supreme Court precedence that the Election Law Clause of the U.S. Constitution overrules a Mississippi law that permitted the inclusion of ballots up to five days later. The panel did not issue an injunction and remanded the proceeding to the lower court, so the ruling will not be effective for the November 5 election.
“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,” the judges wrote in their ruling. “Because Mississippi’s statute allows ballot receipt up to five days after the federal election day, it is preempted by federal law.”
The case may be appealed to the Supreme Court.
As the Lord Leads, Pray with Us…
- For federal judges as they weigh questions surrounding state ballot and election laws.
- For the justices of the Supreme Court as they receive appeals to lower courts’ decisions.
Sources: NBC News, Washington Examiner, Tallahatchie News, The Hill
