Mississippi mail voting case at the Fifth Circuit could quickly become a national issue
https://www.lawdork.com/p/mississippi-mail-voting-case-fifth-circuit
Three of the most extreme right-wing Trump appointees are set to hear arguments next week in an election law case that could quickly make its way to the U.S. Supreme Court and, if the challengers get their way, upend mail voting this fall.
Its a fringe case that shouldnt go anywhere, but its 2024 so the lawyers involved appear to be trying to force the case up to the conservative justices to see if theyll bite.
The Republican National Committee, joined by the Mississippi Republican Party, and Libertarian Party of Mississippi filed a pair of lawsuits, which have since been consolidated, trying to block Mississippi from accepting mail-in absentee ballots postmarked by Election Day but not received until up to five days later, as is allowed under a 2020 law.
In essence, the challengers point to a handful of federal statutes that set forth the fact that there is an Election Day and argue that, because of that, Mississippi is preempted from accepting any ballots received after Election Day.
U.S. District Judge Louis Guirola Jr., a George W. Bush appointee, roundly and soundly rejected the arguments in a July ruling, but both parties appealed to the U.S. Court of Appeals for the Fifth Circuit.
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