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In a recent ruling, a conservative U.S. appeals court has favored Republican arguments against a Mississippi statute permitting the counting of mail ballots postmarked by Election Day but arriving afterwards. The 5th Circuit Court of Appeals, which has jurisdiction over Mississippi, Louisiana, and Texas, did not immediately enforce its decision and instead referred the matter back to a lower court for further analysis. This ruling is expected to be contested in the U.S. Supreme Court.

The decision was made by a panel of judges, all appointed during the Trump administration, who reversed a previous lower court judgment. They asserted that ballots must be both cast and received by election officials on the day designated by Congress as Election Day. In their written opinion, the court stated, “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.” Consequently, they determined that Mississippi's statute, which allows ballots to arrive up to five days following the federal election day, is overridden by federal law.

While the judges did not grant the GOP's initial request for an injunction, they remanded the case for further proceedings, underscoring the importance of maintaining the status quo in election cases close to Election Day.

This legal challenge by Republicans is part of a broader initiative involving multiple lawsuits targeting similar statutes in various states, with the aim of disqualifying ballots received after Election Day. Notably, around 20 states along with Washington, D.C., currently permit mail-in ballots received post-Election Day to be counted, provided they are postmarked on or before Election Day. These grace periods are intended to accommodate voters who face delays due to postal issues or unforeseen circumstances like adverse weather conditions.

The Republicans argue that individual states should not have the authority to determine the deadline for accepting ballots. Conor Woodfin, representing the Republican Party during oral arguments, emphasized that the interpretation of Election Day should not vary based on state-specific perspectives. He pointed out that for decades, Election Day was understood as the deadline for receiving ballots, in accordance with Congressional standards.

Republicans also highlight the partisan disparity in mail voting, stating that it predominantly favors Democrats. They referenced data from the MIT Election Lab, indicating that 46% of Democratic voters mailed in their ballots in the 2022 General Election, compared to 27% of Republicans. Consequently, late-arriving mail-in ballots are seen as disproportionately benefitting Democrats.

This Mississippi case is a fragment of the GOP’s larger strategy, also visible in states like Nevada, to challenge the validity of certain mail ballots. On the opposing side, Democrats describe these lawsuits as attempts to undermine trust in the electoral process. Legal experts like Joyce Vance of the University of Alabama School of Law argue that these efforts are designed to complicate voting for specific demographics, including military personnel, their families, and people with disabilities or illnesses, who rely heavily on mail-in ballots.

Caren Short of the League of Women Voters of the United States advocates for more accessible voting mechanisms, stressing that disqualifying voters who follow mail ballot procedures diminishes democratic integrity. She asserts that democracy is strengthened when every vote is counted, regardless of the voting method.

As the legal battle heads towards a possible appeal to the U.S. Supreme Court, the outcome remains uncertain. The timing of any resolution could impact the administration of this year's elections.