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September 15, 2024judicialElection AdministrationFederal PreemptionPreliminary Ruling

Fifth Circuit Panel Issues Preliminary Opinion Siding with RNC

The Fifth Circuit panel, in a preliminary ruling before issuing a final opinion, signals its agreement with the RNC's arguments that the 1872 federal Election Day statute preempts state mail ballot grace periods. The preliminary signaling raises national alarm among election officials and voting rights advocates, who begin coordinating responses. Legal scholars publish emergency analyses of the potential nationwide implications.