A federal judge has dismissed a lawsuit by the Republican National Committee that sought to block Mississippi from counting absentee ballots that are postmarked by Election Day but received up to five days after after it. U.S. District Judge Louis Guirola Jr. handed down his ruling Sunday.
FILE - An election resolution board counts absentee ballots Wednesday, Nov. 8, 2023, at the Hinds County Courthouse in Jackson, Miss. A federal judge on Sunday, July 28, 2024, dismissed a lawsuit that sought to block Mississippi from counting absentee ballots that are postmarked by Election Day but received up to five days after after it, writing in his dismissal order that Mississippi ’s law does not conflict with federal election laws. U.S. District Judge Louis Guirola Jr.
“Mississippi’s statutory procedure for counting lawfully cast absentee ballots, postmarked on or before election day, and received no more than five business days after election day is consistent with federal law and does not conflict with the Elections Clause, the Electors’ Clause, or the election-day statutes,” Guirola wrote.
The Republican National Committee, the Mississippi Republican Party, a member of the state Republican Executive Committee and an election commissioner filed the Mississippi lawsuit in January against Republican Mississippi Secretary of State Michael Watson and six local election officials. The Libertarian Party of Mississippi later filed a similar lawsuit, and the judge consolidated it with the one filed by the Republican groups.This is one of the oldest games in North America.
In dismissing the suits, Guirola wrote that “no ‘final selection’ is made after the federal election day under Mississippi’s law. All that occurs after election day is the delivery and counting of ballots cast on or before election day.” Mississippi is one of several states that allow mailed ballots to be counted if they are postmarked by Election Day, according to the. The list includes swing states such as Nevada and states such as Colorado, Oregon and Utah that rely heavily on mail voting.
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