CNN —
A three-judge panel appointed by President Donald Trump ruled Friday that Mississippi violated federal law by counting mail-in ballots that arrive after Election Day, but went so far as to block the policy before the election. fall, in a ruling that could still impact voting-related lawsuits.
The 5th Circuit Court of Appeals’ decision is a victory for the Republican National Committee and others who filed a lawsuit in Mississippi, a non-swing state with few mail-in ballots, seeking a ruling by the far-right circuit court. I am friendly with their claims.
Democrats and voting rights advocates worry that a ruling in favor of Republicans could be used to strengthen challenges to late-arriving ballots in other states, and could threaten the outcome if the margins are close in key races. may change significantly.
The Fifth Circuit stated that “Congress statutorily designated a single ‘day’ for the election of members of Congress and the appointment of presidential electors.” “Text, precedent, and historical practice confirm that this ‘Election Day’ is the date on which voters must cast their votes and state officials must receive them.”
Nevada, Ohio, and Virginia are among the states that allow late voting, as is Maryland, a battleground state for the U.S. Senate.
California and New York also allow post-election ballots to be received, and both states could make a big difference in which party controls the House.
The ruling has no immediate impact on upcoming elections, but it is a legal challenge Republicans are seeking to file against any of the roughly 20 other states and jurisdictions that count ballots that arrive after Election Day. could be useful in promoting Nevada’s policy allowing late-arriving mail-in ballots has already been challenged by Republicans in state and federal courts, but courts in those cases have so far rejected those arguments.
Casting doubt on ballots not counted until after Election Day was key to former President Trump’s efforts to delegitimize and overturn the 2020 election, but Friday’s ruling It does not comment on the actual vote tally, and was careful to specify that it would not comment on the actual vote tally after Election Day. Received.
“This does not mean that every vote must be counted on Election Day,” the opinion states. “Even if no ballots are counted, the result is final once all votes are received and the ballot box is closed. The selection is complete and final. In contrast, election officials The election is ongoing while ballots are still being received. Results are not yet finalized as raw ballots are still being received.
“While one voter marked his ballot and made his final choice, the entire nation must do so for the entire election to be concluded,” the court added. “In other words, the election ends when the final ballot is received and the voters make their choices, not individual choosers.”
The Fifth Circuit’s decision is binding only on the three southern states covered by the circuit, and so far the commission has not ordered the current election to block the policy in Mississippi, instead renewing the lawsuit. The case will be sent to a further hearing.
In Friday’s opinion, Justice Andrew Oldham, who was joined by Justices James Ho and Kyle Duncan, directed lower courts to fully consider “the value of the status quo in election-day voting cases.” did. Next steps for your case. All three were appointed by President Trump.
This story has been updated with additional details.
