Mississippi mail voting case at the Fifth Circuit could quickly become a national issue

[mahatmakanejeeves]

Hat tip, the DUer who's a big Law Dork fan. I forgot who that was.

Mississippi mail voting case at the Fifth Circuit could quickly become a national issue
Judges Ho, Duncan, and Oldham — all far-right Trump appointees — will be hearing an appeal on Sept. 24 that is seeking to limit mail voting.

Chris Geidner
Sep 17, 2024



Three of the most extreme right-wing Trump judicial appointees are set to hear arguments next week in an election law appeal that could quickly make its way to the U.S. Supreme Court — and, if the challengers get their way, upend mail voting this fall. ... It’s a fringe case that shouldn’t go anywhere, but it’s 2024 so the lawyers involved appear to be trying to force the case up to the conservative justices to see if they’ll bite.

The Republican National Committee, joined by the Mississippi Republican Party, and Libertarian Party of Mississippi filed a pair of lawsuits, which have since been consolidated, trying to block Mississippi from accepting mail-in absentee ballots postmarked by Election Day but not received until up to five days later, as is allowed under a 2020 law. ... In essence, the challengers point to a handful of federal statutes that set forth the fact that there is an “Election Day” and argue that, because of that, Mississippi is preempted from accepting any ballots received after Election Day.

U.S. District Judge Louis Guirola Jr., a George W. Bush appointee, roundly and soundly rejected the arguments in a July ruling, but both parties appealed to the U.S. Court of Appeals for the Fifth Circuit. ... This case is, ultimately, not just about Mississippi — as the lawyers for a veterans group and retirees group that intervened in the case to support the law pointed out.

“With the enactment of this law,” the lawyers wrote, “Mississippi joined the ranks of nearly thirty states and territories with similar laws, which help ensure that the results of elections reflect the choices of the voters who participate in them.” ... If this case reaches the Supreme Court, which became much more likely with Monday’s news of the judges hearing the appeal, it could have nationwide ramifications for all of those states’ laws. {snip} On Monday, the Fifth Circuit announced the three-judge panel that will hear the case on September 24: Judges James Ho, Kyle Duncan, and Andrew Oldham. The three likely are — with issue-by-issue distinctions — the three furthest right of the six Trump appointees to the Fifth Circuit.

[Freethinker65]

1. 5 days post postmark seems reasonable. What's the problem?

I will be voting early because I will be out of State this year. I could just vote by mail absentee, but my early voting location isn't too inconvenient for me.

[CrispyQ]

2. In Colorado, a state with gold star mail-in voting credentials, your ballot must be received by 7PM on Election Day.

If the Election Office gets your ballot past that date & time it won't matter if the postmark is Election Day in Colorado.

I don't think it's asking too much for voters to take some responsibility in their civic duty. If you move, you change your registration just like you change your mailing address & your driver's license. In 2004 we had a voter come into our precinct to vote cuz it was the right precinct for where she currently lived, but she hadn't voted since 1992 & lived in a different county back then. She got mad when we told her she could go back to her old precinct & vote or vote a provisional ballot here.