Judicial Watch Victory: Fifth Circuit Rejects Appeal to Undo Decision Ending Counting of Votes Received after Election Day

(Washington, DC) – Judicial Watch announced today that the U.S. Court of Appeals for the Fifth Circuit declined to rehear its previous ruling in which it agreed with Judicial Watch that it was unlawful for Mississippi to count ballots that arrived after Election Day. The full Circuit declined to hear the case by a vote of 5 to 10.  

Judicial Watch filed a civil rights lawsuit in February 2024, challenging the Mississippi election law on behalf of the Libertarian Party of Mississippi (Libertarian Party of Mississippi v Wetzel et al. (No. 1:24-cv-00037)). The suit was consolidated with one filed by the Republican National Committee, the Mississippi Republican Party, and other complainants.

(Judicial Watch filed the first challenge to require all ballots to be received by Election Day in 2022 against Illinois.)

 The October 25, 2024, Fifth Circuit appellate opinion at issue found:

Congress statutorily designated a singular “day for the election” of members of Congress and the appointment of presidential electors. Text, precedent, and historical practice confirm this “day for the election” is the day by which ballots must be both cast by voters and received by state officials. Because Mississippi’s statute allows ballot receipt up to five days after the federal election day, it is preempted by federal law. We reverse the district court’s contrary judgment and remand for further proceedings.

Earlier this month, Judicial Watch filed a federal lawsuit against California on behalf of U.S. Rep. Darrell Issa to prevent state election officials from extending Election Day for seven days beyond the date established by federal law. California counts ballots received up to seven days after Election Day.

In an Illinois “Election Day” lawsuit Judicial Watch in November 2024 filed a petition for a writ of certiorari to the United States Supreme Court challenging the decision by the U.S. Court of Appeals for the Seventh Circuit in the case filed on behalf of Congressman Mike Bost and two presidential electors from Illinois to prevent state election officials from counting ballots received up to 14 days after Election Day.

“This Fifth Circuit action is a historic victory for honest elections and now. Federal law sets ‘Election Day’ not ‘Election Week,’” said Judicial Watch President Tom Fitton. “California and the 17 other states should take notice. Our lawsuit just filed against California for counting ballots received for up to seven days after Election Day has even more urgency and strength.”

Judicial Watch is a national leader in voting integrity and voting rights. As part of its work, Judicial Watch assembled a team of highly experienced voting rights attorneys who stopped discriminatory elections in Hawaii, and cleaned up voter rolls in California, Ohio, Indiana, and Kentucky, among other achievements.

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