The U.S. Supreme Court is being urged to protect the single, statutory “Election Day” in America, and to let stand a lower court’s ruling against a state that wanted to count ballots that arrive too late.
“Congress statutorily designated a singular ‘day for the election’ of members of Congress and the appointment of presidential electors. 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. Because Mississippi’s statute allows ballot receipt up to five days after the federal election day, it is preempted by federal law. We reverse the district court’s contrary judgment and remand for further proceedings,” explained the decision from the 5th U.S. Circuit Court of Appeals.
Now, according to Judicial Watch, the Supreme Court should let that stand.
Extended periods for voting have become a common goal among Democrats and in Democrat states across the nation, including such accommodations as early voting, voting by mail, counting mail ballots after election day, even for weeks.
Critics of such plans warn such openings simply create more opportunities for fraudulent ballots that could impact an election result.
Judicial Watch said it has, on behalf of the Libertarian Party of Mississippi, filed a brief with the Supreme Court urging the court to let the 5th Circuit decision stand.
Judicial Watch said, “[T]he Court of Appeals correctly applied existing Court precedent to find that the Receipt Deadline is inconsistent and conflicts with the Election Day statutes, and is preempted by them. Petitioner [MS secretary of state] has not demonstrated any reason why the Court’s intervention is needed now. Modification of the Election Day receipt deadline allows states to ‘engage in gamesmanship, experiment with deadlines, and renew the very ills Congress sought to eliminate: fraud, uncertainty, and delay.’”
Judicial Watch initially filed the civil rights lawsuit in February 2024 on behalf of the Libertarian Party of Mississippi, challenging the same Mississippi election law permitting absentee ballots to be received as long as five business days after Election Day. The suit was consolidated with one filed by the Republican National Committee, the Mississippi Republican Party, and others.
The 5th Circuit “agreed with Judicial Watch that it was unlawful for Mississippi to count ballots that arrived after Election Day.” It then declined to change its decision.
Judicial Watch informs the Supreme Court, “In reversing the district court on the merits, the [Fifth Circuit] panel faithfully followed this Court’s precedent … [T]his Court found that the Election Day statutes preempted a Louisiana law that allowed congressional candidates to be elected in October…. In interpreting the meaning of ‘day of the election’ within the Election Day statutes, this Court found that ‘[w]hen the federal statutes speak of ‘the election’ of a Senator or Representative, they plainly refer to the combined actions of voters and officials meant to make a final selection of an officeholder.’ … Accordingly, the ‘day of the election’ ‘may not be consummated prior to federal election day.’”
Also in the fight is an Illinois claim to be able to extend “Election Day” for several weeks, a fight in California over its decision to make “Election Day” seven days long, and more.
“Counting ballots received after Election Day is a flagrant violation of federal law and encourages fraud and voter distrust,” said Judicial Watch President Tom Fitton. “Let us hope that the Supreme Court will decline to hear Mississippi’s senseless attempt to overturn a historic decision that sensibly concluded that counting ballots received after Election Day is unlawful.”
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