Republicans are contesting Mississippi’s mail-in ballot policies in a move that could affect similar practices across the country. The case is being heard by a panel of three judges on the 5th U.S. Circuit Court of Appeals—all appointed by former President Donald J. Trump. The Republican National Committee (RNC) and its allies argue that Mississippi’s policy of counting mail-in ballots received within five days post-Election Day violates federal law.
Mississippi’s voting rule mandates a firm reason for absentee voting, which means changes would affect a limited number of voters. In 2020’s general election, over 80 percent of Mississippi’s ballots were cast in person.
But the move could trigger challenges in other states where mail-in ballots matter far more.
Currently, around 20 others, including Nevada, Ohio, Virginia, Maryland, California, and New York, allow the counting of mail-in ballots received days after the election if they meet arbitrary postmark deadlines. The RNC’s move is a marked change from past election legal strategies—this time, it is suing in a state with a relatively friendly appellate division and potentially setting up a quick Supreme Court hearing before the November election.
Washington state, where all elections are conducted by mail, counted over 400,000 ballots that arrived post-Election Day during the 2022 midterms.
The Supreme Court generally dissuades judicial changes to voting rules close to elections, a principle known as the Purcell doctrine. However, inconsistencies in their application could leave the door open for a ruling. Should the 5th Circuit establish a precedent against Mississippi’s policy, Republicans might use it in future challenges to election regulations elsewhere.
The Biden-Harris Department of Justice (DOJ) and the Democratic National Committee (DNC) oppose the RNC, insisting that Congress has not legislated against post-Election Day ballot acceptance despite many states adopting such policies.
