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October 11, 2024judicialmail ballotgrace periodfederal preemptionelection administrationjudicial

Fifth Circuit rules federal Election Day statute makes Mississippi mail ballot grace period unlawful

A Fifth Circuit Court of Appeals panel of three Trump appointees, Judges James Ho, Kyle Duncan, and Andrew Oldham, rules 2-1 that Mississippi's three-day mail ballot grace period, which allows ballots postmarked by Election Day to be counted if received within three days, violates the 1872 federal statute setting a uniform Election Day. The Republican National Committee had brought the suit against Mississippi Secretary of State Michael Watson. The dissenting judge argues Congress never intended to eliminate state accommodations for postal delays when it set Election Day in 1872. The RNC appeals to the Supreme Court.