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by – L. Richardson
In a landmark decision, the Fifth Circuit Court has delivered an Election Integrity Victory: Mail-in Ballots MUST Be Received by Election Day to Count [7] [8]! This ruling, of utmost importance, marks a significant win for those advocating for fair and transparent elections. The Mississippi Mail-in Ballot Ruling, upheld by Trump-appointed judges, reinforces the principle that Election Day is a fixed point in time, not a moving target that can be manipulated after polls close.
This ruling has far-reaching implications for the integrity of future elections. It sets the stage for urgent post-election legal challenges on ballot timing in other states, potentially reshaping nationwide voting laws. The 5th Circuit Court’s decision on ballots emphasizes the importance of adhering to federal law that mandates a single Election Day. As the RNC and Judicial Watch celebrate this election victory, it’s clear that this ruling will have a significant impact on how states handle mail-in voting moving forward, with potential nationwide implications that call for vigilance and public engagement.
Background:
The Heart of the Ruling
Mississippi’s Policy:
Background on the state allowing late ballots, violating federal standards.
Mississippi’s election law permitted the counting of mail-in ballots that arrived up to five days after Election Day, as long as they were postmarked by Election Day. This practice, shared by several other states, has been a contention in the ongoing debate about election integrity. The policy allowed for a grace period beyond the federally mandated single Election Day, raising questions about its alignment with federal standards 1.
Judicial Panel:
Trump-appointed judges define Election Day as a fixed, final day for ballots to arrive.
A panel of three judges appointed by former President Donald Trump delivered a ruling that will impact how states handle mail-in voting [9]. The judges firmly asserted that counting late ballots violates federal law, even if those ballots are postmarked by Election Day. This decision emphasizes that Election Day is a fixed point in time, not a moving target that can be manipulated after polls close 1 2.
Federal Law Framework:
Congress designated a day for voting—this ruling brings it back in line.
The ruling aligns with the federal statute establishing a single day for federal elections. As the judges stated, “Congress statutorily designated a singular ‘day for the election’ of members of Congress and the appointment of presidential electors.” This interpretation reinforces that casting and receiving ballots must occur by Election Day, bringing state practices back in line with federal law 2.
The Significance of This Decision
RNC’s Response:
RNC Chairman Michael Whatley calls it a “seismic win” for election transparency and accuracy.
The ruling has been hailed by the Republican National Committee (RNC) as a significant victory for election integrity. RNC Chairman Michael Whatley praised the decision, calling it a “major win for election integrity, upholding the law and commonsense ballot safeguards” 3. This response underscores the RNC’s importance in ensuring that elections end on Election Day, a principle they believe is crucial to maintaining trust and confidence in the electoral process.
Scope of Impact:
Although the decision only affects states in the Fifth Circuit’s jurisdiction, it creates a legal precedent.
While the ruling applies only to Mississippi, Texas, and Louisiana, which fall under the 5th Circuit’s jurisdiction, its impact could be far-reaching 4. The decision sets a significant legal precedent that could influence similar cases nationwide. It paves the way for potential challenges to mail-in voting policies in other states, particularly those that allow ballots to be counted after Election Day [10].
Broader Implications:
Many states, like California and New York, have policies allowing late ballots. This ruling lays the groundwork to challenge those policies nationwide.
As of November 2022, 18 states and the District of Columbia allowed post-election receipt of ballots 2. This ruling could impact how these states handle mail-in voting in the future. The decision provides a legal framework to challenge policies that permit counting ballots received after Election Day, even if they were postmarked before the deadline. This could lead to a nationwide reassessment of mail-in voting procedures, potentially altering the landscape of future elections.
Potential Nationwide Legal Challenges
The Fifth Circuit Court’s ruling has set the stage for a wave of legal challenges nationwide. This decision impacts how states handle mail-in voting, particularly those that allow ballots to be counted after Election Day.
Legal Momentum:
The ruling will likely propel post-election challenges across states that allow counting after Election Day.
The ruling has paved the way for potential challenges in states that permit counting ballots received after Election Day. As of November 2022, 18 states and the District of Columbia allowed post-election receipt of ballots 2. This decision provides a legal framework to contest such policies, potentially reshaping the landscape of future elections.
States at Risk:
Nevada, Ohio, and Virginia could face scrutiny as conservatives push for uniform ballot deadlines.
Several states could face increased scrutiny due to their current mail-in voting policies. For instance, Nevada allows ballots to be received within seven days of the election if postmarked on or before Election Day 5 [11]. Ohio and Virginia have similar policies. Ohio accepts ballots up to 10 days after Election Day if postmarked by the deadline 5 [12]. These states may need to reassess their practices after the recent ruling.
Existing Challenges:
Outline ongoing legal battles in states like Nevada, where late-arrival ballots have been contested.
Nevada, a critical battleground state, is already facing challenges to its policies allowing the late arrival of mail ballots. Both state and federal courts have seen Republicans contesting these practices, although courts have rejected these arguments 6. The Fifth Circuit’s ruling could bolster these ongoing legal battles, adding weight to the argument that Election Day should be a firm deadline for ballot receipt.
What This Means for America
Return to Election Standards:
Reinforces the republic’s value on fair, transparent, and timely elections.
The Fifth Circuit Court’s ruling marks a significant step towards reinforcing the republic’s commitment to fair, transparent, and timely elections. This decision emphasizes the importance of adhering to federal law that mandates a single Election Day, ensuring that all ballots are received by the close of polls [13]. This ruling impacts how states handle mail-in voting, potentially reshaping the landscape of future elections 1.
Empowerment for States:
This ruling provides the legal support needed to hold other states accountable.
This landmark decision empowers states to challenge policies that allow for the counting of ballots received after Election Day. As of November 2022, 18 states and the District of Columbia permitted post-election receipt of ballots 2. The ruling provides a legal framework to contest such practices, potentially leading to a nationwide reassessment of mail-in voting procedures. This could result in more uniform ballot deadlines nationwide, enhancing election integrity.
The Nationalist Perspective:
Reaffirming the power of the people and safeguarding the election process from manipulation.
From a nationalist perspective, this ruling reaffirms the power of the people by ensuring that Election Day is a fixed point in time, not a moving target that can be manipulated after polls close. It safeguards the election process from potential manipulation. It reinforces the principle that every vote must be cast and received by Election Day to count. This decision aligns with the federal statute establishing a single day for federal elections, bringing state practices back in line with federal law 2.
Conclusion:
The Road Ahead
The Fifth Circuit Court’s ruling on mail-in ballots has a far-reaching influence on the future of election integrity in America. This landmark decision reinforces the importance of Election Day as a fixed point in time, ensuring that all ballots are received by the close of polls. It also provides a solid legal foundation to challenge policies in other states that allow for late ballot counting, potentially leading to a nationwide reassessment of mail-in voting procedures.
Staying informed and engaged in the ongoing fight for transparent and honest elections is crucial as we move forward. This ruling is more than just a legal victory; it’s a win for every American who believes in secure and fair voting [14]. Let’s spread the word, support legal challenges, and stay vigilant to make sure every Election Day is upheld as a beacon of our republic. By doing so, we can play a part in safeguarding the integrity of our electoral process for generations to come.
References
[1] – https://apnews.com/article/mississippi-absentee-ballot-voting-d65b943c27e9e7c5247dc2c14d3dbb15
[3] – https://gop.com/press-release/rnc-wins-critical-mail-ballot-case/
[6] – https://www.cnn.com/2024/10/25/politics/mail-in-voting-mississippi-5th-circuit/index.html
[7] – breach notification laws Archives – Page 2 of 2 – RadarFirst. https://www.radarfirst.com/blog/tag/breach-notification-laws/page/2/
[8] – Elections | Maple Grove, MN. https://maplegrovemn.gov/442/Elections
[9] – Wake Up To Politics – June 13, 2017 – by Gabe Fleisher. https://www.wakeuptopolitics.com/june-13-2017/
[10] – federal courts. https://www.huffpost.com/topic/federal-courts
[11] – Table 11: Receipt and Postmark Deadlines for Absentee/Mail Ballots. https://www.ncsl.org/elections-and-campaigns/table-11-receipt-and-postmark-deadlines-for-absentee-mail-ballots
[12] – Piranha Chicken: October 2020. http://www.piranhachicken.com/2020/10/
[13] – Procedural Lapses in Inquiry Render Punishment Order Questionable, Rules Allahabad High Court. https://news.courtpractice.com/2024/07/procedural-lapses-in-inquiry-render.html
[14] – We’re Bananas for Justice! A Celebration of the Landmark Chiquita Ruling · Chicago Fair Trade. https://chicagofairtrade.org/events/were-bananas-for-justice/
[16] – https://www.infowars.com/author/rawegg
[17] – https://www.thegatewaypundit.com/2024/10/breaking-appeals-court-rules-all-mail-ballots-must/
[18] – https://www.cnn.com/2024/10/25/politics/mail-in-voting-mississippi-5th-circuit/index.html
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