Three Trump appeals court judges will consider a case that could limit mail-in voting
CNN
Republicans are suing over the mail ballot policies of Mississippi – a non-battleground with limited, excuse-only absentee voting – to tee up a case, being heard by three Donald Trump-appointed appeals court judges Tuesday, that could jeopardize mail ballots cast elsewhere in the country.
Republicans are suing over the mail ballot policies of Mississippi – a non-battleground with limited, excuse-only absentee voting – to tee up a case, being heard by three Donald Trump-appointed appeals court judges Tuesday, that could jeopardize mail ballots cast elsewhere in the country. The Republican National Committee and others allege that Mississippi is violating federal statute by counting mail ballots that arrive within five days after Election Day as long as they’re properly postmarked – a practice that resembles laws in roughly 20 other states and jurisdictions, including states that may be pivotal in determining who controls the White House and Congress. Among the states that allow for late-arriving ballots are Nevada, Ohio and Virginia, as does Mayland, the site of a competitive Senate race. Also allowing for post-election ballot receipt is California and New York, both states that could make a major difference in which party controls the House. Though other courts, including the trial judge in the Mississippi case, have upheld the discretion states to count ballots mailed by Election Day that don’t make it to election officials until a set period after, this case is being heard Tuesday by a far-right panel of judges on the 5th US Circuit Court of Appeals – and could end up on the Supreme Court’s docket before November’s election. Mississippi is not the only state where this approach is being litigated. But by bringing a case against Mississippi, the RNC has navigated the dispute to a friendly forum more likely to give Republicans a ruling they could use to boost similar challenges elsewhere. “It’s a clever strategy,” said Derek Muller, a Notre Dame Law School professor specializing in election law. “You’re looking for the circuits that are going to be most hospitable to your claims.”
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