5th Circuit Rules Ballots Must Arrive On Election Day

The 5th U.S. Circuit Court of Appeals dropped a bombshell ruling on Friday that could have major implications for this year’s elections.
The court ruled against a Mississippi law that allowed ballots postmarked by Election Day but received up to five days afterward to be still counted.
The 5th Circuit Court of Appeals, which oversees Mississippi, Louisiana, and Texas, has returned the issue to a lower court for further examination. This decision would only affect Mississippi if a federal district court judge agrees to prohibit the state from counting late-arriving mail-in ballots, the Washington Examiner reported.

The three-judge panel stated that “Election Day,” as designated by Congress, is the last day ballots should be cast and received by state officials.

“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, adding that Mississippi’s law allowing ballots to be counted if received up to five days after Election Day also conflicts with federal law.

While Republicans sought an injunction to block the policy immediately, the judges refused and instead returned the case to the lower court to determine “appropriate relief,” emphasizing the importance of maintaining the status quo of the voting process as the election approaches.

Republican National Committee Chairman Michael Whatley lauded the decision as a “MASSIVE ELECTION INTEGRITY VICTORY.”
The 5th Circuit has just ruled that ballots must be received BY ELECTION DAY to be counted — not days after — following an RNC lawsuit. This is a seismic win for fair, accurate, secure, and transparent elections,” Whatley added in an X post.

The RNC, along with former President Donald Trump’s campaign, has filed lawsuits in multiple states this election cycle challenging policies that permit ballots to be counted if received after Election Day. Approximately 20 states, along with Washington, D.C., count mail-in ballots received after Election Day, provided they are postmarked by that date.