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A panel of three judges, all appointed by former President Donald Trump, declared on Friday that Mississippi's practice of counting mail ballots that arrive after Election Day contravenes federal law. This decision, handed down by the 5th U.S. Circuit Court of Appeals, favored the Republican National Committee and other plaintiffs who had challenged the policy in the largely Republican state with minimal mail-in voting. Although the ruling didn't immediately halt the policy before the upcoming election, it could influence similar legal disputes nationwide.

The court's opinion revolves around the interpretation of federal statutes concerning election procedures. "Congress statutorily designated a singular 'day for the election' of members of Congress and the appointment of presidential electors," the panel stated. They underscored that, according to text, historical precedent, and practice, ballots must be both cast by voters and received by state officials by this designated day.

Currently, states such as Nevada, Ohio, Virginia, Maryland, California, and New York allow for the receipt of mail ballots after Election Day. Maryland is notable for its competitive Senate race, while California and New York are critical for determining control of the House of Representatives. While no imminent changes will affect this election due to the ruling, it bolsters potential legal challenges Republicans could raise in these and other states allowing late-arriving ballots.

Nevada's policies on late-arriving mail ballots are already contested by Republicans in state and federal courts, though those challenges have yet to succeed. The ruling also refrains from commenting on the counting of ballots after Election Day, focusing solely on the reception deadline. "Even if the ballots have not been counted, the result is fixed when all of the ballots are received and the proverbial ballot box is closed," the opinion noted.

Importantly, the 5th Circuit's ruling holds jurisdiction only over the three Southern states within its coverage. For now, the panel has remanded the case back to the lower court for further proceedings without mandating an immediate block of the policy in Mississippi. Judges Andrew Oldham, James Ho, and Kyle Duncan, all Trump appointees, advised the lower court to consider "the value of preserving the status quo in a voting case on the eve of an election" as it decides how to move forward.