The Fifth Circuit Court of Appeals ruled that all mail-in ballots must be received by Election Day in order to be counted.
The ruling comes as some states have measures that allow ballots to be received and counted after Election Day.
Three states are affected by the ruling: Mississippi, Louisiana, and Texas.
“Congress statutorily designated a singular ‘day for the election’ of members of Congress and the appointment of presidential electors,” the 5th Circuit panel wrote. “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.”
“Federal law requires voters to take timely steps to vote by Election Day. And federal law does not permit the State of Mississippi to extend the period for voting by one day, five days, or 100 days. The State’s contrary law is preempted,” the ruling read.
Republican National Committee (RNC) Chairman Michael Whatley celebrated the ruling, writing on X, “MASSIVE ELECTION INTEGRITY VICTORY.”
“The 5th Circuit has just ruled that ballots must be received BY ELECTION DAY to be counted — not days after — following an RNC lawsuit,” he said. “This is a seismic win for fair, accurate, secure, and transparent elections.”
Earlier this year, conservative organization Judicial Watch filed a civil rights lawsuit challenging a Mississippi election law that permitted absentee ballots to be received up to five business days after Election Day.
According to the group, as many as 1.7% of votes cast in the state during the 2020 election were received after Election Day.
The court “consolidated the case filed by Judicial Watch with one filed by the Republican National Committee, the Mississippi Republican Party, and other complainants,” the group said in a press release.
“This is a historic victory for election integrity and voter rights and confidence. This is a precedent that ensures that only ballots that arrive by Election Day can be counted under federal law,” Judicial Watch President Tom Fitton said in a statement. “We hope this begins a national movement to increase voter confidence, comply with federal law, and limit voter fraud by counting ballots that arrive only by Election Day.”
