The watchdog group Judicial Watch is bringing attention to a critical upcoming hearing by the US Court of Appeals for the Fifth Circuit. The court will review a controversial Mississippi election law that permits absentee ballots to be counted up to five business days after Election Day. That would mean a full week after the election.
Judicial Watch argues that this extension undermines federal law and compromises the integrity of the election process. The court is set to hear the case on September 24th.
The following information is from Judicial Watch.
Judicial Watch filed a civil rights lawsuit challenging this law on behalf of the Libertarian Party of Mississippi (Libertarian Party of Mississippi v. Wetzel et al. (No. 1:24-cv-00037)). The lawsuit argues that Mississippi’s extension of Election Day violates federal law, which mandates a single national Election Day for federal elections. Judicial Watch contends that allowing additional time for ballot receipt undermines voter confidence and invites fraud.
Judicial Watch is actively pursuing the appeal, arguing that extending the ballot counting period dilutes the weight of timely cast votes. The lawsuit highlights that 1.7% of votes in the 2020 election in Mississippi were received after Election Day, violating federal law (2020 Election Results).
Extending the counting of ballots five days after the Election Day established by Congress runs counter to federal law and invites fraud.
Tom Fitton, President, Judicial Watch
Judicial Watch has been involved in multiple lawsuits to uphold voting integrity across the United States, including actions against California, Illinois, and other states.
To read more about this case, click here.
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If mail in voting is here to stay legal voters have the right for their ballots to be counted. Mailed ballots prior to election day will not arrive on election day making it necessary for citizens not to be disenfranchised.
In the state of WA ballots can be received days or a week after the election. They are counted providing they are postmarked NLT the day of the election.
Now fraud can and likely does come into play here as mail in ballots can be manipulated so it become crucial to enact election integrity laws to prevent fraud.