10/28/2024
Federal Court Issues GAME CHANGING Ruling for Voting in Upcoming Election – The Right Briefing
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The Fifth Circuit Court of Appeals just handed down a decision that could shake up mail-in ballot policies across the South—and potentially the rest of the country. On Friday, three Trump-appointed judges—Andrew Oldham, James Ho, and Kyle Duncan—ruled that all mail-in ballots must be received by Election Day in order to count. This decision specifically struck down Mississippi’s practice of counting mail-in ballots received after Election Day, a policy the judges argued was out of line with federal law.
The court’s ruling focused on the “singular ‘day for the election’” outlined in federal law, a day the panel argued was intended to serve as the clear cut-off for both casting and receiving ballots. In their decision, the judges emphasized the importance of Election Day as a definitive deadline, something that watchdogs like the RNC and Judicial Watch have pushed for. The RNC, along with Judicial Watch, launched this lawsuit in Mississippi to close what they see as a loophole allowing Democrats to “extend” voting by accepting late-arriving ballots.
The Fifth Circuit’s decision is huge for Republicans aiming to boost election integrity. RNC Chairman Michael Whatley called it a “massive victory,” one that could set a precedent for similar challenges in other states. But before this ruling affects current elections, the case will return to a lower court for further action, making the next steps uncertain.
Democrats and voting rights groups are sounding the alarm, fearing this ruling could fuel a wave of legal challenges to post-Election Day ballot acceptance in other states. States like Nevada, Ohio, Virginia, Maryland, California, and New York currently allow late-arriving ballots, and any change to these policies could be a game-changer in tight races. Nevada, for instance, is already facing a Republican challenge to its late-arrival ballot policy, which courts have thus far upheld. But with this Fifth Circuit ruling, Republicans may see fresh momentum in these efforts.
Election integrity advocates argue that allowing ballots to arrive after Election Day just opens the door to irregularities and undermines voter confidence. Democrats, however, argue that with mail delays and other voting challenges, such flexibility is critical to ensure every vote is counted.
Ultimately, the Fifth Circuit ruling puts the “Election Day means Election Day” rule firmly in place for Mississippi and potentially sets the stage for similar battles across the country. For voters, candidates, and election officials, the implications could be massive as states assess whether to stick to their rules or prepare for more legal challenges.
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