(Washington, DC) – Judicial Watch President Tom Fitton announced today that the Supreme Court of the United States has granted review in a landmark election integrity case brought on behalf of the Libertarian Party of Mississippi. The case seeks to uphold a ruling by the U.S. Court of Appeals for the Fifth Circuit, which struck down a Mississippi law unconstitutionally allowing election officials to count mail-in ballots received up to five days after Election Day. Fitton stated:
The Supreme Court now has an opportunity to reaffirm that “Election Day” means what it says under federal law. Counting ballots received after Election Day not only violates federal law but encourages voter fraud and undermines voter confidence. The Supreme Court should uphold the historic decision by the Fifth Circuit that sensibly concluded that counting ballots received after Election Day is unlawful.”
In October 2024, Fifth Circuit appellate opinion 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....