Judge Rejects GOP Challenge of Mississippi Timeline for Counting Absentee Ballots
JACKSON, Miss. (AP) — In a significant ruling, U.S. District Judge Louis Guirola Jr. dismissed a lawsuit filed by the Republican National Committee (RNC) that aimed to prevent Mississippi from counting absentee ballots postmarked by Election Day but received up to five days afterward. This decision marks the second time in recent weeks that a federal judge has rejected similar challenges.
Judge Guirola's ruling, issued on Sunday, emphasized that Mississippi's procedures for counting absentee ballots align with federal law. He stated, “Mississippi’s statutory procedure for counting lawfully cast absentee ballots, postmarked on or before election day, and received no more than five business days after election day is consistent with federal law and does not conflict with the Elections Clause, the Electors’ Clause, or the election-day statutes.”
This ruling follows a similar case in Nevada, where another federal judge dismissed a lawsuit from Republicans who argued that counting absentee ballots received after Election Day was unconstitutional. The RNC, along with the Mississippi Republican Party and other local officials, filed the lawsuit in January against Secretary of State Michael Watson and several local election officials. The Libertarian Party of Mississippi later joined the legal battle, leading to the consolidation of both lawsuits.
The plaintiffs contended that Mississippi's practice of counting ballots received after Election Day improperly extends the federal election timeline established by Congress. They argued that this could dilute the impact of timely, valid ballots with those deemed untimely and potentially invalid.
In his dismissal, Judge Guirola clarified that under Mississippi law, “no ‘final selection’ is made after the federal election day.” He explained that the processes following Election Day are limited to the delivery and counting of ballots that were cast on or before that date.
Mississippi is among several states that permit the counting of mailed ballots if they are postmarked by Election Day. This practice is also seen in swing states like Nevada and in states such as Colorado, Oregon, and Utah, which heavily utilize mail-in voting.
Despite former President Trump's long-standing claims that mail voting is fraught with fraud, his 2024 campaign has shifted its stance, now encouraging mail-in voting when it is convenient for voters. This evolving narrative reflects the ongoing debates surrounding voting practices in the United States as the nation approaches the next election cycle.