U.S. District Court Stays Mississippi Ruling on When Postal Ballots Must be Received

On April 18, U.S. District Court Judge Louis Guirola issued a stay of the latest ruling in Republican National Committee v Wetzel. This is the case over the deadline for postal ballots to be received in the elections office. The purpose of the stay is to freeze the status quo until the U.S. Supreme Court decides the issue.

Mississippi law says a postal ballot must be postmarked by election day but can be received up to five days after election day. The Republican National Committee had then sued Mississippi, arguing that a 19th century law, setting congressional election day on the first week of November, really means that all ballots must be received by election day. The U.S. District Court had ruled against the Republican National Committee and upheld the state law. But then the Fifth Circuit had reversed, saying Mississippi cannot allow five days after the election for ballots to be received.

Now the state will ask for U.S. Supreme Court review. While that process is underway, the decision is stayed and the statute is still in force.


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