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Appeals Court Blocks Grace Period for Mailed Ballots
An appeals court has sided with Republicans, blocking Mississippi’s grace period for mailed ballots that arrive after election day. This is the opposite of a ruling in Nevada. Please post your prayers in the comments.
From NPR. A conservative U.S. appeals court has sided with Republicans in ruling against a Mississippi law that allows election officials to count mail ballots that are postmarked by Election Day but arrive after it.
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The ruling by the 5th Circuit Court of Appeals — which covers Mississippi, Louisiana and Texas — is not in effect immediately, and the judges sent the issue back to a lower court for further consideration. The decision is likely to be appealed to the U.S. Supreme Court.
In its ruling Friday, a panel of all Trump-appointed 5th Circuit judges reversed a lower court ruling and wrote that the acceptance of ballots ends on the “election day” designated by Congress.
“Text, precedent, and historical practice confirm this ‘day for the election’ is the day by which ballots must be both cast by voters and received by state officials,” the court wrote. “Because Mississippi’s statute allows ballot receipt up to five days after the federal election day, it is preempted by federal law.” …
The GOP argument against ballot grace periods
The Republican National Committee, along with the Trump campaign, has filed multiple lawsuits in various states ahead of this year’s general election aiming to disqualify ballots that arrive after Election Day.
Roughly 20 states plus Washington, D.C., accept and count mail-in ballots that are received after Election Day. (Many states require that those ballots be postmarked on or before Election Day.) …
The GOP has argued, however, that states don’t have the right to decide when to stop accepting ballots. …
Republicans also argued in their lawsuit that mail voting disproportionately hurts them because “voting by mail is starkly polarized by party.” …
This legal challenge in Mississippi is part of a larger effort from the GOP, including in the swing state of Nevada, aimed at invalidating certain mail ballots.
Democrats say the GOP cases don’t reflect “modern reality”
Democrats have called these particularly legal challenges “fringe lawsuits” that are aimed at sowing distrust in elections.
Joyce Vance, a professor at the University of Alabama School of Law, said the lawsuits are part of an effort by the GOP to “make it more difficult for some kinds of Americans” to cast a ballot. …
Vance said removing grace periods for mail ballots disproportionately affects members of the military and their families — particularly those who live overseas — as well as people with disabilities or an illness. …
What do you think of this decision? Share your thoughts and prayers in the comments.
(Excerpt from NPR. Photo Credit: Janine Robinson on Unsplash)
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Comments
It’s Election Day , not election week or election month. Delays open the process up to fraud. Early voting and mail in ballots for military should allow enough time to vote by Election Day and no exceptions after that. Just like there’s a carved in stone deadlines for filing taxes.Special efforts could be made for expats to receive their ballots early and post via overnight express rather than snail mail. It’s that important.
I live overseas and many times our ballots have not been counted because they arrived after the election. We have to wait until we actually receive the ballot before we can vote and then we have to mail it back. The post office here says two weeks but we have seen other lettrs and mail take a month or more. We do try but are sure that in the past our vote was not counted many times.