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The Last Refuge
The Last Refuge
26 Oct 2024


NextImg:5th Circuit Court of Appeals Rules Mississippi Ballots Must be Received and Counted By Election Day - The Last Refuge

There is a lot of conflicting information about a recent 5th Circuit Court of Appeals (5th CCA) ruling that remands a lower court opinion back to the State of Mississippi.  You can read the 5th CCA RULING HERE.

The appellate judges stated that “Election Day,” as designated by Congress, is the last day ballots can be 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 policy allowing ballots to arrive up to five days later is in conflict with federal law.

[Source pdf]

While the 5th CCA has jurisdiction over Mississippi, Louisiana, and Texas, the decision only impacts Mississippi should the federal district court judge agree to bar the state from counting late-arriving mail-in ballots.  Yes, it is a win for Mississippi election integrity, but -no- it is unlikely to have a major impact on the overall election.

The ruling only applies to Mississippi, and the decision simply reverses the previous ruling and remands the issue back to the judge.  I hope that helps clear up any confusion.

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