GOP Challenge to Mississippi Mail Ballot Deadline Law Likely to Set Up U.S. Supreme Court Challenge with National Consequences



Today’s Script

(Variations occur with audio due to editing for time. Today’s Links below the script)

You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

National and state Republicans will ask the federal Fifth Circuit Court of Appeals to strike down a Mississippi law which counts mail-in ballots up to five days after election day.  The decision could have national consequences.

Oral arguments will be heard in the notoriously Conservative Fifth Circuit before three Trump-appointed judges on Sept. 24th, but many legal observers see the case as likely to be appealed to the U.S. Supreme Court no matter what the outcome. 

Mississippi law allows for a mail-in ballot to be counted up to five days after election day, provided it’s postmarked on or before election day.  Sixteen other states allow extra time, ranging from Texas, with one day, to Washington, which does not have a time limit. 

The GOP argues that for federal elections, federal law is paramount, and Congress directed that federal elections be conducted on a “uniform” national election day that would not include extra days for mail-in ballots. 

A ban on extra days could disenfranchise millions of voters, especially if the courts ignore the Supreme Court’s Purcell Principle discouraging voting rights cases too close to an election.  Combined with persistent reports of U.S. Postal Service delivery delays in rural areas, democracy advocates suggest allowing extra delivery time no matter what the court decides.

We have the RNC’s complaint, and analysis of the case linked at AmericanDemocracyMinute.org.   I’m Brian Beihl. 

Today’s Links

Articles & Resources:
U.S. Fifth Circuit Court of Appeals via Democracy Docket – RNC/Mississippi GOP Complaint

Mississippi Today – RNC appealing federal judge’s order upholding Mississippi’s absentee ballot counting law
Democracy Docket – RNC Challenge to Mississippi’s Mail-In Ballot Deadline to Be Heard by 5th Circuit
National Conference of State Legislatures – Receipt and Postmark Deadlines for Absentee/Mail Ballots

FindLaw – Mississippi Absentee Ballot Delivery Code, Title 23. Elections § 23-15-637
CNN – Three Trump appeals court judges will consider a case that could limit mail-in voting

Groups Taking Action:

League of Women Voters MS, Disability Rights Mississippi, ACLU Mississippi


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