Fifth Circuit Rules that Mississippi Law, Allowing Postal Ballots to be Received Up to Five Days After Election, Violates Federal Law

On October 25, the Fifth Circuit issued an opinion in Republican National Committee v Wetzel, 24-60395. It says that Mississippi cannot count ballots received in the postal mail later than election day. The decision interprets federal law to mean that all ballots received after election day are void.

The lower court had upheld Mississippi’s law. The Fifth Circuit opinion conflicts with many other precedents from other circuits.

The decision is by Judge Andrew Oldham and is also signed by Judges James Ho and Kyle Duncan. All three are Trump appointees.

The judges determined that their ruling should not go into effect until 2025.


Comments

Fifth Circuit Rules that Mississippi Law, Allowing Postal Ballots to be Received Up to Five Days After Election, Violates Federal Law — 16 Comments

  1. DELAYED A BIT – MERE 50 PLUS YEARS AGO

    AUG 1974 NIXON RESIGNS — AFTER 1972 CONSPIRACY TO DESTROY DONKEYS

    WATERGATE BURGLARY – LIES TO FBI AND GRAND JURY

    ABOUT 15 IN NIXON GANG GO TO JAIL.

    NIXON PARDONED BY RETARD FORD

    STAGE SET DOWN FOR TOTAL PURGE IN 2025 — ESP BY TRUMP — IF HE WINS

  2. 2 U.S. Code § 7 – Time of election
    U.S. Code
    Notes

    The Tuesday next after the 1st Monday in November, in every even numbered year, is established as the day for the election, in each of the States and Territories of the United States, of Representatives and Delegates to the Congress commencing on the 3d day of January next thereafter.

    (R.S. § 25; Mar. 3, 1875, ch. 130, § 6, 18 Stat. 400; June 5, 1934, ch. 390, § 2, 48 Stat. 879.)
    —-
    T-H-E DAY — T-H-E ELECTION

    ABS BALLOTS = SUBSTITUTE FOR IN PERSON VOTING ON T-H-E ELECTION DAY.

    A-N-Y STATE N-O-T HAVING AN ELECTION DAY SECTION IN THE STATE CONST ???

    NO DATE IN 1787 USA CONST – DUE TO VERY UN-KNOWN DATE IF AND WHEN 9 STATES WOULD RATIFY – ART VII.

    —- B-U-T COULD HAVE HAD DATE – WITH SHORTER / LONGER INITIAL TERMS.

    NOV DATE PICKED- AFTER HARVEST CROPS — ALL HANDS NEEDED

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