A conservative U.S. appeals court has sided with Republicans in ruling against a Mississippi law that allows election officials to count mail ballots that are postmarked by Election Day but arrive after it.
The ruling by the 5th Circuit Court of Appeals — which covers Mississippi, Louisiana and Texas — sends the issue back to a lower court for further consideration, and is likely to be appealed to the U.S. Supreme Court.
In its ruling Friday, a panel of all Trump-appointed 5th Circuit judges reversed a lower court ruling and wrote that the acceptance of ballots ends on the “election day” designated by Congress. “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 court wrote. “Because Mississippi’s statute allows ballot receipt up to five days after the federal election day, it is preempted by federal law.
” The judges declined to grant Republicans' initial request for an injunction, sending the issue back to the lower court for "further proceedings to fashion appropriate relief, giving due consideration to 'the value of preserving the status quo in a voting case on the eve of an election.' ” The Republican National Committee, along with the Trump campaign, has filed multiple lawsuits in various states ahead of this year’s general election aiming to disqualify ballots that arrive after Election Day. Roughly 20 states plus Washington, .
