Mississippi Law Allowing Ballots to Be Received After Election Day Lawful: Judge

A federal judge ruled on July 28 that a Mississippi law allowing ballots received up to five days after an election to be counted is lawful. U.S. District Judge Louis Guirola Jr. referenced the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) in his decision, stating that if a federal statute permits post-election receipt of overseas ballots mailed by election day, it does not violate election-day statutes. The ruling dismissed cases brought against Mississippi officials by the Republican National Committee, the Mississippi Republican Party, and the Libertarian Party of Mississippi. The Mississippi law requires officials to count absentee ballots postmarked on or before Election Day, as long as they are received within five business days after the election. Despite claims from Republicans that the law extends federal elections past the established Election Day, Judge Guirola ruled that the law does not directly conflict with federal statutes. He also cited previous court rulings supporting similar laws in other states and emphasized that states have the authority to establish lawful boundaries for absentee mail-in ballots in the absence of federal regulations. As the Mississippi law is deemed legal, there are no violations of plaintiffs’ constitutional rights.

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