Judge dismisses GOP effort to block Mississippi’s absentee vote counting procedures

Published 11:20 am Monday, July 29, 2024

U.S. District Judge Louis Guirola Jr. dismissed a lawsuit filed by the Republican National Committee (RNC) aiming to prevent Mississippi from counting absentee ballots postmarked by Election Day but received up to five days afterward. The ruling, delivered on Sunday, marks the second such dismissal by a federal judge in recent weeks.

“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,” Judge Guirola stated.

The lawsuit, filed in January by the RNC, the Mississippi Republican Party, a state Republican Executive Committee member, and an election commissioner, targeted Republican Mississippi Secretary of State Michael Watson and six local election officials. The Libertarian Party of Mississippi filed a similar lawsuit, which was later consolidated with the RNC’s suit.

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Another federal judge recently dismissed a comparable lawsuit in Nevada, rejecting Republican claims that counting such absentee ballots was unconstitutional and violated federal law.

The plaintiffs argued that Mississippi’s practice improperly extends the federal election beyond the date set by Congress, diluting “timely, valid ballots” with “untimely, invalid ballots.” In his dismissal, Guirola clarified that no “final selection” is made after Election Day under Mississippi law, stating, “All that occurs after Election Day is the delivery and counting of ballots cast on or before Election Day.”

Mississippi is among several states that permit mailed ballots to be counted if postmarked by Election Day. This group includes swing states like Nevada, as well as Colorado, Oregon, and Utah, which heavily rely on mail-in voting.