Case Summary
LWVMS and Disability Rights Mississippi filed an amicus brief in federal court defending a Mississippi law allowing mail ballots arriving up to five business days after Election Day to be counted. The RNC and several individual plaintiffs had filed a federal lawsuit alleging the deadline violated federal laws setting a uniform day for electing members of Congress and presidential electors.
Mississippi law (“receipt deadline law”) allows absentee ballots that are postmarked on or before Election Day and received no more than five business days after Election Day to be counted.
On January 26, 2024, the Republican National Committee, Mississippi Republican Party, and two individual plaintiffs filed a lawsuit in the Southern District of Mississippi alleging the receipt deadline law was illegal. The plaintiffs asserted that, under federal laws setting a single date for electing federal representatives, senators, and presidential electors, all votes were required to be cast or received before or on Election Day. Under this theory, any ballots received after Election Day were invalid and if counted, would dilute the “legal” votes cast on or before Election Day. The plaintiffs requested the court issue an order striking down the receipt deadline law and only allow ballots received by Election Day to be counted.
On February 21, 2024, the League of Women Voters of Mississippi ("LWVMS") and Disability Rights Mississippi moved to intervene to protect voters and their members’ right to cast an absentee ballot and have it count. On March 7, 2024, the court denied the motion to intervene but allowed LWVMS and Disability Rights Mississippi to file an amicus brief instead.
On March 26, 2024, LWVMS and Disability Rights Mississippi filed an amicus brief supporting the receipt deadline law. The brief argued that adopting the plaintiffs’ theory on Election Day would lead to potential disenfranchisement and chaos. For example, under plaintiffs’ proposed relief, voters with disabilities would be forced to vote in person or risk being disenfranchised if the Postal Service failed to deliver their ballot by Election Day, instead of having a safe harbor of five additional business days. LWVMS and Disability Rights Mississippi also argued that agreeing with the plaintiffs would mean many basic election procedures, such as tabulating and canvassing the ballots after Election Day, could require states across the country to change their election procedures and destabilize election administration.
LWVMS was represented in this matter by the ACLU of Mississippi, ACLU, and Dechert LLP.
LWV Timeline
Plaintiffs file complaint
The Republican National Committee, Mississippi Republican Party, and two individual plaintiffs file a federal lawsuit arguing that a state law counting absentee ballots that arrive up to five business days after Election Day is illegal under federal law.
LWVMS moves to intervene
LWVMS and Disability Rights Mississippi move to intervene to protect voters and their members’ ability to effectively vote using absentee ballots.
Court denies LWVMS' motion to intervene
The court denies the motion to intervene, finding the current parties adequately represented the interests of the moving parties. LWVMS and Disability Rights Mississippi are allowed to file amicus briefs instead.
LWVMS files amicus brief
LWVMS and Disability Rights Mississippi file an amicus brief supporting defendants and the receipt deadline law, arguing that adopting plaintiffs’ theory about Election Day would upend election administration and disenfranchise voters with disabilities.
United States submits statement of interest
The United States Department of Justice submits a statement of interest, arguing that permitting the counting of otherwise valid ballots cast on or before election day and received after election day, does not violate federal laws imposing uniform dates for federal elections.
Court grants summary judgment to defendants
The court rules that counting ballots postmarked on or before Election Day but received up to five days after the election does not violate federal election law. The court notes that states may prescribe the time, place, and manner of elections, and Congress can alter these regulations. Because no federal law that forbids states from counting ballots postmarked on or before Election Day, but received after the election, Mississippi is able to do so.
Plaintiffs file notice of appeal
The Republican National Committee and Libertarian Party of Mississippi file a notice of appeal to the US Court of Appeal for the Fifth Circuit.
LWVMS files amicus brief
The League of Women Voters of Mississippi files an amicus brief in support of the lower court ruling that upholds Mississippi's law allowing absentee ballots to be counted if they are postmarked on or by Election Day and received up to five days after Election Day.
Fifth Circuit holds oral argument
A three-judge panel of the Fifth Circuit holds oral argument.
Fifth Circuit panel issues opinion
A three-judge panel of the Fifth Circuit Court of Appeals reverses the district court, ruling that absentee ballots must be received by Election Day to count. The order remands the case to the district court and does not change the receipt deadline for the November 2024 election.
Fifth Circuit denies rehearing en banc
After an appeal of the panel's decision by several parties who intervened to defend the current deadline in district court, the full Fifth Circuit Court of Appeals refuses to rehear the panel's decision. The vote allows the panel's ruling requiring absentee ballots to be received by Election Day to be counted to remain in effect in the Fifth Circuit.
Mississippi files petition for writ of certiorari
In response to the Fifth Circuit's decision, Mississippi files a petition for a writ of certiorari, asking the United States Supreme Court to reverse the panel's opinion.
United States Supreme Court agrees to hear case
The United States Supreme Court grants Mississippi's petition for a writ of certiorari.
LWV and co-amici file amicus brief
LWV, the ACLU, and other voting rights organizations file an amicus brief in the US Supreme Court urging the Court to reverse the Fifth Circuit's decision that absentee ballots must be received by Election Day to be counted. They argue not to disrupt the states’ ability to determine mail-ballot receipt rules in their own state and depending on the needs of their voters.