Court Decision Against Mail-in Ballot Law Signals Supreme Court Battle

The 5th Circuit Court of Appeals has ruled against Mississippi’s current mail-in ballot law, which allows counting ballots postmarked by Election Day received within five days after the polls have closed.

The decision, affecting Mississippi, Louisiana, and Texas, aligns with the Republican argument that federal election laws mandate ballot receipt by Election Day. The court’s decision is currently on hold as it heads back to a lower court, with further challenges likely leading to a U.S. Supreme Court appeal.

Republican representatives argue that the integrity of Election Day is compromised by extended counting periods, which disproportionately favor Democrats, citing that more Democrats vote by mail. The lawsuit is one of many initiated by the Republican National Committee and the Trump campaign to bar late-arriving ballots nationwide.

Opponents, including the League of Women Voters, argue that such restrictions disenfranchise military personnel, disabled voters, and others who rely on mail-in options. Legal experts such as Joyce Vance emphasize that cutting off counting on Election Day would ignore the modern demands of early and absentee voting.

With Nevada among the states offering grace periods, the implications of this case could impact its mail-in ballot policies. Secretary of State Cisco Aguilar has not commented, as Nevada’s laws allow ballots postmarked by Election Day to be counted if they arrive by 5 p.m. on the fourth day after.