Plaintiffs argue Election Day is the literal first Tuesday in November and vote-processing after that date runs afoul of federal law. State officials responded that the federal statutes only require that a vote be cast, not received, on or before Election Day.
RNC appealing federal judge’s order upholding Mississippi’s absentee ballot counting law by Taylor Vance, Mississippi Today July 30, 2024 The Republican National Committee will appeal a recent ruling from U.S. District Judge Louis Guirola Jr. determining that Mississippi’s practice of counting mail-in absentee ballots received up to five days after Election Day is legal.
The appellate court has not ruled on whether ballots received after an Election Day may be counted, but it previously determined in a 2000 case that a Texas early voting statute did not conflict with federal law. The plaintiffs argue Election Day is the literal first Tuesday in November and vote-processing after that date runs afoul of federal law. State officials responded that the federal statutes only require that a vote be cast, not received, on or before Election Day.
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