Judge dismisses GOP challenge to Mississippi's post-Election Day deadline for mail-in ballots

A federal judge rejected a Republican-led lawsuit over Mississippi's law permitting the receipt and counting mail-in ballots postmarked by Election Day for up to five days afterwards.

On Sunday, U.S. District Judge Louis Guirola, Jr., wrote in his decision, asserting that “Mississippi’s statutory procedure for counting lawfully cast absentee ballots, postmarked on or before election day, and received no more than five business days after election day is consistent with federal law and does not conflict with the Elections Clause, the Electors’ Clause, or the election-day statutes,” reported The Associated Press.

In January, the Republican National Committee, the Mississippi Republican Party, an election commissioner, and a member of the state Republican Executive Committee filed the lawsuit against Mississippi Secretary of State Michael Watson (R) and six local election officials. The Libertarian Party of Mississippi filed another, similar suit, which was consolidated by the judge with the GOP lawsuit.

The lawsuits claimed that Mississippi extended the federal election beyond the election date set by Congress, and that consequently, “timely, valid ballots are diluted by untimely, invalid ballots.”

Guirola ruled that “no ‘final selection’ is made after the federal election day under Mississippi’s law. All that occurs after election day is the delivery and counting of ballots cast on or before election day.”

About 20 states plus Washington, D.C., accept and count mail-in ballots received after Election Day that are postmarked on or before Election Day.