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Revival of lawsuit challenging Mississippi's mail ballot counting practice

Summary

A federal appeals court has revived a lawsuit challenging Mississippi’s practice of counting mail-in ballots that are postmarked by Election Day but received up to five days later. This ruling could have significant implications for the upcoming election and similar laws in other states, although its immediate effect on the November 5 election appears limited.

The ruling from the 5th U.S. Circuit Court of Appeals overturned a previous decision by a federal district court that dismissed the lawsuit brought by the Republican National Committee and others. The plaintiffs argued that the Mississippi law improperly extends the federal election timeline, potentially diluting the value of timely ballots. While the court has not yet determined how to handle ballots for the upcoming election, the case may ultimately be taken up by the Supreme Court, raising concerns about the future of mail-in voting practices in various states.

Legal Context

  • Background: Mississippi’s law allows for mail-in ballots to be counted if they are postmarked by Election Day, a practice that aligns with similar laws in several other states, including swing states like Nevada and Colorado.
  • Previous Rulings: The U.S. District Judge Louis Guirola Jr. had previously dismissed the challenge, asserting that the state’s law did not conflict with federal election laws.

Implications

  • Potential Outcomes: The appeals court’s decision could lead to changes in how mail-in ballots are handled, particularly in states with analogous laws. Legal experts suggest that the ruling may influence future litigation regarding voting rights and election integrity.
  • Political Landscape: The case reflects ongoing tensions surrounding election laws, with Republicans and Democrats frequently at odds over voting procedures. The revival of this lawsuit is part of a broader trend of legal challenges aimed at shaping the electoral process ahead of the 2024 elections.

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