As the 2024 election approaches, Republicans are rigorously challenging the practice of accepting ballots after Election Day in an effort to safeguard election integrity. This movement, centered in the predominantly red state of Mississippi, has the potential to resonate across the nation with substantial repercussions.
Since January, the Republican National Committee and the Mississippi Republican Party have been at the forefront of this legal battle. Their lawsuit contends that the Mississippi Secretary of State has violated election law by accepting absentee ballots up to five days following Election Day, a practice believed to undermine the foundational principles of the electoral process. Despite an unfavorable ruling from a federal judge, Republicans have escalated the issue by appealing to the conservative U.S. Court of Appeals for the 5th Circuit, seeking swift intervention that could lead to a Supreme Court showdown before the 2024 election.
On a critical Tuesday, three judges appointed by former President Donald Trump heard oral arguments and signaled an expedited decision. Under current Mississippi law, election officials are mandated to count absentee ballots received up to five days after Election Day, provided the envelopes are postmarked by Election Day. Should the 5th Circuit rule favorably for Republicans, it could pave the way for an immediate injunction preventing the counting of these post-Election Day ballots in Mississippi and potentially setting a precedent for other states.
The strategy, as noted by Chad Ennis of the Honest Elections Project, appears designed to secure a 5th Circuit decision that could be appealed to the Supreme Court, hoping for a national ruling that solidifies Election Day as an uncompromising deadline for ballot acceptance. However, Ennis remains cautious, acknowledging that such a comprehensive decision might not materialize before the upcoming election due to the Purcell principle, which discourages judicial changes to election procedures close to Election Day to prevent voter confusion.
Nonetheless, Republicans seem to be playing the long game, aiming to use a favorable ruling to argue for more stringent voting regulations nationwide, extending beyond the Mississippi context. The push for Election Day to represent a definitive endpoint for ballot acceptance—excluding overseas military ballots governed by separate federal statutes—reflects a broader vision of electoral integrity rooted in tradition and clear-cut deadlines.
This rule in Mississippi, implemented in response to the COVID-19 pandemic, mirrors changes in over two dozen states that accept mail-in ballots post-Election Day. The expansion of voting methods, including early and mail-in voting, represents a significant shift from the historical norm of a single voting day. The attorney representing Republicans argued that while early voting aligns with the congressional designation of Election Day as the final selection day, extending ballot acceptance past this day undermines core electoral principles.
The president of the Honest Elections Project underscored that maintaining Election Day as the cutoff enhances election integrity, citing the disruption caused by late-arriving mail-in ballots in the 2020 election. The uncertainty and shifting results that follow Election Day can erode public trust in the electoral process, making a clear, decisive endpoint on Election Day crucial.
Supporting this stance, Florida Secretary of State Cord Byrd emphasized the importance of having all ballots submitted by the close of polls on Election Day. Byrd highlighted Florida’s success in promptly concluding its vote count on election night, contrasting it with larger states like California that often face prolonged counting periods. According to Byrd, establishing firm deadlines for ballot submission is vital to ensuring timely election results and avoiding the protracted uncertainty seen in other states.
As the legal battle continues, the outcome of this case could have far-reaching implications for how elections are conducted across the United States. The Republican effort in Mississippi serves as a critical touchstone in the broader debate over election integrity, underscoring a fundamental commitment to maintaining the established norms and deadlines that sustain public confidence in the democratic process.
