(CNN) — A panel of three Donald Trump-appointed judges said Friday that Mississippi was violating federal law by counting mail ballots that arrive after Election Day , but stopped short of blocking the policy before the election, in a ruling that could nevertheless impact voting-related lawsuits this fall. The ruling from the 5 th US Circuit Court of Appeals is a victory for the Republican National Committee and others who brought the case in Mississippi, a non-battleground state with very little mail-in voting, seeking a ruling by a far-right circuit court friendly to their arguments. Democrats and voting rights advocates fear that a ruling in Republicans’ favor will be used to boost challenges to late-arriving ballots in other states, which could make the difference if the margins are right in key races.
“Congress statutorily designated a singular ‘day for the election’ of members of Congress and the appointment of presidential electors,” the 5 th Circuit panel said. “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.” Among the states that allow for late-arriving ballots are Nevada, Ohio and Virginia, as does Maryland, the site of a competitive Senate race.
Also allowing for post-election ballot receipt is California and New York, both states that could make a major difference in which party controls the House. The 5th Circuit’s ruling is.
