Update: Legal Challenge to Mississippi's Counting of Ballots Arriving after Election Day

By Tim Gamble

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Tim's Comments: Every vote cast or counted illegally cancels out the legitimate, legal, vote of an American citizen. Election integrity is an absolute must for any nation.

The following is based on a press release by Judicial Watch, dated September 23, 2024.

9-23-2024 (Washington, DC) – Judicial Watch announced yesterday that the U.S. Court of Appeals for the Fifth Circuit has ordered a hearing regarding a lower court ruling on Mississippi’s election law that permits absentee ballots to be received as late as five business days after Election Day. The Fifth Circuit will hear the case on Tuesday, September 24. 

Judicial Watch filed the civil rights lawsuit challenging the Mississippi election law on behalf of the Libertarian Party of Mississippi. The court consolidated the case filed by Judicial Watch with one filed by the Republican National Committee, the Mississippi Republican Party, and other complainants.

Judicial Watch’s lawsuit argues:

Under federal law, the first Tuesday after the first Monday in November of every even-numbered year is election day (“Election Day”) for federal elections.

Congress recently reaffirmed a single national Election Day when it enacted the Electoral Count Reform Act (“ECRA”).

Under the recent Congressional amendments, no extension of Election Day shall be allowed unless there are “force majeure events that are extraordinary and catastrophic” that justify extension.

Despite Congress’ unambiguous and longstanding statement regarding a single and uniform national Election Day, Mississippi extended Election Day by allowing five additional business days after Election Day for receipt of absentee ballots.

No “force majeure events that are extraordinary and catastrophic” currently exist in Mississippi to justify extending the ballot receipt deadline for the November 5, 2024, federal election for Presidential and Vice-Presential Electors.

Judicial Watch argued that holding voting open for five days past Election Day violates the constitutional rights of voters and candidates:

Counting untimely, illegal, and invalid votes, such as those received in violation of federal law, substantially increases the pool of total votes cast and dilutes the weight of votes cast by Plaintiff’s members and others in support of Plaintiff’s federal nominees.

The complaint points out that, based on the reported numbers, as many as 1.7% of votes cast in Mississippi in 2020 were received after Election Day.

In its appeal filings, Judicial Watch explains that the Mississippi law extending Election Day is obviously at odds with federal law.

“Extending the counting of ballots five days after the Election Day established by Congress runs counter to federal law and invites fraud – and undermines voter confidence,” said Judicial Watch President Tom Fitton. “We’re pleased that the court will quickly hear our appeal for lawful election procedures.”

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