During the 2020 pandemic, Mississippi extended the deadline for mail-in ballots, allowing ballots to be received and counted five business days after the election so long as they were postmarked on or before Election Day. This extension was later codified into law. But a challenge to the law has made its way to the U.S. Fifth Circuit Court of Appeals in a case that has the potential to ensure that elections end on Election Day.
In January, the Republican National Committee (RNC) filed a suit challenging the law in conjunction with the Mississippi Republican Party, James Perry, and Matthew Lamb. The Libertarian Party filed a similar suit in February that was later consolidated with the GOP-led suit. The suit argues, in part, that the state law violates federal statute.
A three-judge panel for the Fifth Circuit Court of Appeals heard oral arguments Tuesday.
Mississippi’s Extension Violates Federal Law, Suit Says
The RNC suit argues that Congress “established a uniform, national day to elect members of Congress and to appoint presidential electors” but that “Mississippi contravenes those federal laws by counting mail-in ballots that are received up to five business days after Election Day.”
“Mississippi effectively extends Mississippi’s federal election past the Election Day established by Congress,” the suit contends. The suit further alleges that the deadline extension for mail-in ballots harms the plaintiffs because the “ballots that are counted for five additional days disproportionately break for Democrats.”
The suit lists Mississippi Secretary of State Michael Watson and several Harrison
