Hot Air

Post-Election Day Ballots Constitutionally Invalid – HotAir

This may not be the biggest news of the weekend, but it could have more long-term significance than most of the others. In a surprise ruling, a unanimous panel from the Fifth Circuit ruled against the state of Mississippi and invalidated a law allowing ballots to take up to five days after an election to be received and counted, at least in elections involving federal office. 





The Constitution sets an Election Day, Judge Andrew Oldman wrote, and “Day” means what it says:

The ruling could have sweeping implications for the way many states have administered elections for years, but it’s unclear if the decision — made by three Trump-appointed judges on the New Orleans-based 5th Circuit Court of Appeals — will apply on Nov. 5 or only in future elections. Likely appeals could also slow the impact. Still, the effect could be enormous if other courts uphold…

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