What’s Ahead for 2025:  Mississippi Case Challenging the Counting of Mail-In Ballots After Election Day Likely Headed to U.S. Supreme Court



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.

In coming reports, we’re anticipating 2025 democracy court cases and legislation.  In October, a federal appeals court struck down a Mississippi law allowing receipt and counting of mail-in ballots up to five days after election day. We’re expecting it in the U.S. Supreme Court.

A three-judge appeals panel in the notoriously conservative 5th Circuit federal court ruled Oct. 25th that federal law does not allow any state to extend the receipt of ballots after election day, including in-state ballots or the UOCAVA mail ballots used for overseas military and diplomatic personnel.  The panel allowed counting those ballots for the 2024 election, but sent the case back to a lower court.

Despite 20 states offering a grace period of varying lengths, U.S. Circuit Judge Andrew Oldham wrote, “Federal law does not permit the state of Mississippi to extend the period for voting by one day, five days, or 100 days.”  One election law professor termed the decision, “Bonkers”.

Pro-voter groups asked November 8th for a reconsideration in front of ALL 5th Circuit judges, but the case is likely to ultimately be appealed to the U.S. Supreme Court.   An adverse ruling by the court could impact millions of voters at home and abroad who depend on mail ballots.

We have links to the case documents and other reporting at AmericanDemocracyMinute.org. I’m Brian Beihl.

Today’s Links

Articles & Resources:


National Conference of State Legislators – Receipt and Postmark Deadlines for Absentee/Mail Ballots
NPR – Appeals court sides with GOP on Miss. law that provides grace period for mail ballots
Reuters – US appeals court says counting ballots received after Election Day is illegal
U.S. Court of Appeals for the Fifth Circuit (via Democracy Docket) –  PETITION OF INTERVENOR DEFENDANTS – APPELLEES VET VOICE FOUNDATION AND THE MISSISSIPPI ALLIANCE FOR RETIRED AMERICANS FOR REHEARING EN BANC

Groups Taking Action:
Vet Voice Foundation, Mississippi Alliance for Retired Americans

Register or Check Your Voter Registration:

U.S. Election Assistance Commission – Register And Vote in Your State


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#Democracy  #DemocracyNews #Mississippi #MailInBallots #USSupremeCourt