Tuesday, 02 January 2024 12:17 GMT

US Court to review case on how mail-in ballots are counted


(MENAFN) The US Supreme Court on Monday agreed to hear a Mississippi case that could redefine how mail-in ballots are counted nationwide, potentially influencing voting laws in more than two dozen states, according to a news agency.

The case centers on a Mississippi law that allows mail-in ballots postmarked by Election Day to be counted if they arrive within five business days. Plaintiffs linked to President Donald Trump’s Republican Party argue the rule violates federal law, which mandates that presidential elections conclude on Election Day.

In October 2024, the 5th US Circuit Court of Appeals struck down the law, ruling that ballots must be both sent and received by Election Day for the vote to reach “finality.” Five judges dissented, warning that the decision contradicts established legal interpretation and could endanger similar provisions in at least 28 other states.

Mississippi Secretary of State Michael Watson maintains that the term “election” refers to casting ballots, not the subsequent counting process.

The Supreme Court is expected to hear oral arguments next spring. The ruling could have major implications for federal versus state authority over ballot deadlines — an issue that has remained contentious since the 2020 surge in mail-in voting during the COVID-19 pandemic.

The outcome may also influence next year’s midterm elections, in which one-third of the Senate and all House seats are up for grabs. With Republicans currently controlling both chambers, Democrats hope to regain ground — though tighter voting restrictions could make that challenge harder.

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