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The 5th Circuit Court of Appeals, which has jurisdiction over Mississippi, Louisiana, and Texas, sent the issue back to a lower court for further review. The decisionshould a federal district court judge agree to bar the state from counting late-arriving mail-in ballots.
Although Republicans had requested an injunction to block the policy immediately, the judges declined and sent it back to the lower court to determine “appropriate relief,” noting the importance of preserving the voting process status quo close to an election. The RNC, along with former President Donald Trump’s campaign, have filed lawsuits in multiple states this election cycle challenging policies that allow ballots to be counted if received after Election Day. About 20 states, plus Washington, D.C., count mail-in ballots received post-Election Day, provided they are postmarked by Election Day.
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