Appointed judges under President Trump contend that Mississippi's method of receiving mail-in ballots after an election infringes upon federal statutes.
The decision from the 5th US Circuit Court of Appeals is a triumph for the Republican National Committee and others who filed a lawsuit in Mississippi, a state with minimal mail-in voting and not considered a battleground, hoping for a ruling from a conservative-leaning court that aligns with their views.
There are concerns among Democrats and voting rights activists that if the Republicans win, this ruling could be used to strengthen challenges against late-arriving votes in other states. This could potentially sway the outcome in crucial races if the margins are narrow.
The 5th Circuit Court panel stated, "Congress legally assigned a specific 'day for the election' of Congress members and presidential elector appointments. Textual evidence, precedent, and historical practice all confirm that this 'day for the election' refers to the day by which voters must cast their ballots, and state officials must receive them."
Some states that allow for late-arriving votes include Nevada, Ohio, and Virginia, as well as Maryland, which is hosting a competitive Senate race.
Furthermore, Californians and New Yorkers can also submit post-election ballots, and these states could significantly influence which party controls the House.
For now, the 5th Circuit's ruling only applies to the three southern states under its jurisdiction. The court hasn't yet ordered a block on the policy for the current election in Mississippi; instead, it has returned the case for further proceedings.
Judges Andrew Oldham, James Ho, and Kyle Duncan, all appointed by former President Trump, advised the lower court to consider "the importance of maintaining the current situation in a voting case just before an election" while examining the next steps in the case.
This ruling in politics could impact Democrats and voting rights activists in future elections, as they express concerns about its potential impact on late-arriving votes in other states. The 5th Circuit Court's decision has implications for states with extended voting periods, such as Nevada, Ohio, and Virginia.
