A recent federal court ruling has significantly changed how states count ballots.
The 5th Circuit Court of Appeals’ three-judge panel overturned a Mississippi law that allowed officials to count ballots received after Election Day, The Western Journal reported.
In a decision that could impact future elections, the panel of judges appointed by former President Donald Trump mandated that states receive ballots for federal elections by the close of polls on Election Day. This ruling responded to a lawsuit from the Republican National Committee and the Trump campaign, which emphasized enforcing what they termed the actual Election Day.
According to the court’s opinion, "Text, precedent, and historical practice confirm this ‘day for the election’ is the day by which ballots must be both cast by voters and received by state officials."
This decision challenges a Mississippi statute that permitted ballot receipt up to five days post-election.
The ruling may not affect this election cycle due to timing and the procedural steps that follow such decisions. A lower-court judge will determine when the ruling takes effect, aiming to mitigate confusion close to election dates.
However, the implications could extend to future elections, particularly influencing tight races. For instance, in Texas, where Sen. Ted Cruz faces a competitive challenge from Rep. Colin Allred, the outcome could sway depending on when officials implement the ruling and the prevalence of late mail-in ballots, which reportedly favor Democratic candidates.
The RNC hailed the decision as a "major win for election integrity," highlighting the polarized nature of voting by mail, where, according to evidence presented, a larger proportion of Democratic voters tend to use mail-in ballots compared to Republicans.
Conor Woodfin, who represented the RNC, expressed the significance of defining the actual Election Day in legal terms. "For decades after Congress established the uniform national Election Day, those words meant the day that ballots are received by election officials," he argued.
Politico pointed out that if the decision affects this cycle, it may disadvantage Democrats in crucial races. The target seat held by Sen. Ted Cruz, who currently leads only slightly in polls against Colin Allred, could prove pivotal for Senate control.
Allred, buoyed by significant fundraising efforts and high-profile endorsements, might find the decision a hindrance should late arriving ballots, typically favoring his party, be disqualified.
The scenario also spotlights one key House race in Texas, affecting Rep. Vicente Gonzalez's campaign in a district leaning slightly Democratic, according to the Cook Political Report.
This legal development may prompt appeals, potentially escalating the issue to the Supreme Court, which could decide to interpret it in a broader context affecting numerous states beyond Mississippi, Louisiana, and Texas.
The 5th Circuit's ruling tees up a significant judicial scrutiny on how election laws correspond with federal standards, especially regarding the timing of ballot receipt, which is crucial for maintaining the integrity and orderly conduct of elections.
The decision underscores ongoing debates over mail-in voting practices amid concerns about electoral integrity and accessibility. With about 20 states plus Washington, D.C., allowing post-Election Day receipt of mail-in ballots, the eventual outcomes may reshape the landscape of American electoral practices.
As this ruling progresses through the legal system, we will see how its enforcement shapes the future of U.S. elections, striking a balance between accessibility and integrity.
