Pirate's Cove

The court didn’t so much rule that the law was Constitutional but that the law is the law and states need to actually follow the law because it is the law, which has given pro-cheating Democrats who do not like that laws actually mean something

Ballots that arrive after Election Day are invalid, federal appeals court rules

A federal appeals court ruled Friday that votes in federal elections must be received by state officials by the time polls close, striking down a Mississippi law that allowed ballots to arrive after Election Day.

The ruling could have sweeping implications for the way many states have administered elections for years, but it’s unclear if the decision — made by three Trump-appointed judges on the New Orleans-based 5th Circuit Court of Appeals — will apply on Nov. 5 or only in future elections. Likely appeals could also slow the impact. Still, the effect could be enormous if other courts uphold its rationale that long-standing federal law requires all ballots to be received by Election Day.

Recognizing the significance of its decision, the panel also left it up to a lower-court judge — who initially sided with Mississippi — to determine when the ruling should take effect. The panel underscored the longstanding legal principle that courts should avoid changing election policies on the eve of the vote.

For now, the circuit court’s ruling only applies to Louisiana, Texas and Mississippi — a list that does not include any core presidential battlegrounds but includes a key Senate race. It also tees the issue up for the Supreme Court, where a similar ruling would have a far more dramatic impact.

I’m not sure what the kerfuffle is: the law going back to 1845 sets the date for election on the first Tuesday after the first Monday in November, hence, November 5th this year. The Constitution gave the Congress the power and duty to set election time. Hence, ballots are due by the end of that day. Not the day after. Not days after. Federal law doesn’t say anything about being postmarked prior to election day. What if it’s postmarked November 4th and mailed from Alaska to Georgia: are we supposed to wait? People are adults, they need to send the ballots properly, and, really, there should only be so many and for reasons, not just because you are too lazy to head on down to the polling station. Sheesh, there are a ton to pick from here in Wake County alone. There are 3 within 10 minutes of work.

Judge Andrew Oldham wrote in a 22-page opinion, joined by Judges James Ho and Kyle Duncan, that Congress had set one national Election Day and that “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.”

If upheld, the decision would have a significant political effect. Mail-in voting has become increasingly popular, and broadly more Democrats vote via mail than Republicans since former President Donald Trump and his allies began attacking the process in the run-up to and aftermath of the 2020 election. Any decision that results in fewer mail ballots being counted will disproportionately affect Democratic-leaning voters.

Obviously, Democrats are upset. Here’s Slate losing their shit

Three Trump Judges Just Issued a Shock Ruling That Could Wreak Havoc on the Election

Shocking! Havoc! It will probably only apply to Mississippi, depending on appeals.

On Friday afternoon, the U.S. Court of Appeals for the 5th Circuit handed down a shock decision declaring that states may not count ballots that are mailed by Election Day but received shortly thereafter. By its own terms, the ruling applies only to Mississippi, throwing the legality of its voting procedures into question just 11 days before the election. Nationwide, however, 18 states and Washington D.C. accept late-arriving ballots; the 5th Circuit’s reasoning would render all these laws illegitimate and void, nullifying hundreds of thousands (if not millions) of ballots. The court’s obvious goal, aside from destabilizing a close election, is to tee up a Supreme Court decision that could wipe out all these laws in one fell swoop.

ZOMG! You are an adult. Voting is an adult thing. If you cannot get it in the mail on time go vote. Is your mom cool with you mailing her birthday card late and getting it days after? Are you upset when someone important to you mails a card late to you?

Most likely, this ruling will only apply to the 2026 election and going forward. I seriously doubt the Supreme Court will touch it for this election.

Read: Federal Appeals Court Rules That Federal Law On Date For Allowable Ballots Is Actually The Law »