Court rules ballots that arrive late shouldn't be counted despite postmarks

[mahatmakanejeeves]

Source: Washington Post

DEMOCRACY IN AMERICA
Court rules ballots that arrive late shouldn’t be counted despite postmarks
The 5th Circuit’s ruling in a Mississippi case could have implications for other states with similar laws.

By Patrick Marley
October 25, 2024 at 6:15 p.m. EDT

A federal appeals court Friday ruled invalid a Mississippi law that allows election officials to count mail ballots that arrive after Election Day as long as they are postmarked by then.

The ruling came less than two weeks before the Nov. 5 presidential election and could have implications for other states with similar laws. The U.S. Court of Appeals for the 5th Circuit did not rule on how the state should handle ballots for this election, saying that matter should be addressed later by a trial court judge.

The Mississippi case is one front in a legal battle over voting rules and which ballots to count. Most of the fights have concentrated on the policies in battleground states like Pennsylvania and Georgia, but the Mississippi case showed that disputes can surface even in reliably Republican places. … Mississippi allows mail ballots to be counted if they arrive up to five days after Election Day and are postmarked by then. Seventeen other states and D.C. have similar laws.but

The Republican National Committee sued over the Mississippi law in January, arguing that elections must be completed by Election Day because Congress has set a specific day for the election. A district court upheld the law in July, saying states could set their own policies on mail ballots.

{snip}

By Patrick Marley
Patrick Marley writes about voting issues in the Upper Midwest for The Washington Post. He previously covered the Wisconsin Capitol for the Milwaukee Journal Sentinel.follow on X @patrickdmarley

Read more: https://www.washingtonpost.com/politics/2024/10/25/late-ballots-fifth-circuit-mississippi/

[LakeArenal]

1. There ya go Mississippi current veterans over seas.

Your state says your vote won’t count.

[CrispyQ]

2. This is also the case in Colorado.

Postmarks don't count!! Ballots must be received by 7PM on Election Day.

[Freethinker65]

3. Giving the USPO 5 days to deliver because of possible delays seems reasonable.

What about weather events, etc.

SCOTUS rescued Bush well after Election Day. Certification takes time anyway.

[PSPS]

4. Fifth circuit as usual

[rainy]

5. DeJoy will muck things up to guarantee

ballots arrive late

[Grins]

7. But late tax returns are OK.

The IRS will accept filings anytime (even YEARS) after the 15th of April without penalty - as long as it is postmarked on or before the 15th.

And a federal court can’t understand something as basic as that…

[CrispyQ]

9. Voting isn't the same as filing a tax return.

IRS agents can take their time. Counting votes needs to be completed promptly. If the voter wants their ballot included with the results it's on them to get it to the election office on time. If you use the mail, you take a risk, especially since we all know about issues with the USPS. Colorado has a gold standard electoral process & they still require all ballots be at an election office or voting site by 7 PM on Election Day. Postmarks don't count.

IMO, it's not unreasonable to ask voters to take some responsibility for getting their vote counted, like keeping their registration current. In 2004, we had people come in to vote who hadn't voted in years & were surprised they weren't in the poll book. There's a reason why VP Harris says plan how you're going to vote.

[Grins]

11. Receiving it on time is.

In both cases: you’re late - you’re penalized.

[travelingthrulife]

8. We need federal standards for all federal elections.

Standardized rules for basic fairness everywhere. Provide that basic funding and if the states want to spend extra money to rat-fuck their citizens they can have at it.

[CrispyQ]

10. This!! So much this.

It's undemocratic that it's easier to vote in some states than others!!

In CO, you can register to vote on Election Day. How easy is that? And all our elections are vote-by-mail but we still have a few voting centers open for those who like voting in person & those who are registering & voting on Election Day. I'm sorry it's not that easy for the rest of you!