A recent ruling from the U.S. Court of Appeals for the 5th Circuit has raised serious concerns about the upcoming election. This shocking decision declared that states cannot count ballots mailed by Election Day if they arrive after that date. While the ruling is specific to Mississippi, it poses significant implications for voting procedures in 18 other states and Washington D.C., which accept late-arriving ballots. The potential to invalidate hundreds of thousands, if not millions, of ballots has many experts worried about the upcoming election’s integrity.
The Court’s Controversial Ruling
On October 25, 2024, the three-judge panel, appointed by former President Donald Trump, delivered this unexpected verdict. The ruling not only challenges the existing legal framework but also appears to target voting practices that tend to favor Democratic candidates. The Republican National Committee (RNC) initiated this legal battle to challenge the acceptance of late-arriving ballots, arguing that federal law mandates all votes be received by Election Day.
U.S. District Judge Louis Guirola Jr. previously dismissed this argument, emphasizing that the Constitution allows states to set their own election procedures. He pointed out that Congress has not established specific rules for mail-in ballots. As such, states maintain the authority to decide how to manage these votes, including those arriving after Election Day.
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An Extreme Interpretation of “Cast”
The 5th Circuit, however, adopted a controversial interpretation of federal law. Judge Andrew Oldham asserted that ballots must be both cast and received by Election Day. This definition is contentious, as it implies a ballot isn’t considered “cast” until it is in the hands of state officials. This reasoning not only contradicts common usage—where a person is considered to have “cast” their vote upon mailing it—but also undermines established voting practices.
Oldham’s interpretation effectively disregards the historical context of absentee voting in the U.S. States have counted late-arriving ballots for over a century, and federal courts have traditionally upheld this practice. The ruling threatens to destabilize established voting procedures across multiple states, raising questions about the legality of early and mail voting.
The Broader Impact on Voting Rights
This ruling creates a precarious situation for voters, particularly in states where late ballots are common. For example, during the 2022 midterms, Clark County, Nevada, counted around 40,000 valid mail ballots that arrived after Election Day. If the Supreme Court aligns with the 5th Circuit’s reasoning, it could lead to a sweeping nullification of ballots across many states, particularly those with more lenient mail-in voting policies.
The RNC’s objective is evident: to undermine voting rights and sow doubt about election legitimacy. The 5th Circuit’s decision has already sparked concerns among voters in Mississippi and beyond about whether their votes will count if they are slightly delayed in the mail. The ruling may serve as a pretext for future claims of electoral illegitimacy, particularly from those who are unwilling to accept the outcome of elections.
