U.S. Fifth Circuit Court of Appeals | Case: 24-60395
United States Court of Appeals for the Fifth Circuit Published Opinion in Case 24-60395
DECISION - No ballots can be cast after the federal election day
"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 election day, it is preempted by federal law. We reverse the district court’s contrary judgment and remand for further proceedings."
In concluding the decision the court writes "As Justice Kavanaugh recently emphasized: ...“A deadline is not un-constitutional merely because of voters’ own failures to take timely steps to ensure their franchise."
"...federal law does not permit the State of Mississippi to extend the period for voting by one day, five days, or 100 days. The State’s contrary law is preempted."
This is the rational decision (i.e. a good and right judgment). Federal laws must reasonably govern federal elections. The States and their subdivisions (counties, cities, borroughs, etc.) cannot be prohibited from setting rules for their elections as provided for in their charters similarly to the U.S. Constitution. If a state wants to change the deadline for it's own elections then they have that right. The easiest way to manage an election is to mimic the federal election rules, but a state can't manipulate federal election rules.
To allow any State the ability to change any rules pertinent to a federal election - even beside date related rules - creates a privileged class of citizens and violates the freedoms and rights of citizens of other states.
