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October 11, 2024judicialElection AdministrationFederal PreemptionMail VotingCourt RulingAppeals Court Decision

Fifth Circuit Court rules mail ballot grace period violates federal law

In a 3-0 decision, the U.S. Court of Appeals for the Fifth Circuit upholds the RNC's challenge, ruling that Mississippi's 3-day grace period violates the 1872 federal Election Day statute. The panel opinion argues that state mail voting accommodations cannot extend beyond a single federal Election Day. The Fifth Circuit becomes the first federal appellate court to strike down a state mail ballot grace period, opening the door to nationwide litigation. Election officials warn that the ruling could affect 1.8 million ballots cast in 14 states plus D.C. that currently have grace periods.