Judicial Watch has teamed up with the Libertarian Party of Mississippi to oppose the state's attempt to resurrect a law allowing ballots to be counted days after election day.

The case is now sitting before the U.S. Supreme Court after the Fifth Circuit Court of Appeals struck down Mississippi's law permitting absentee ballots to be received up to five business days after Election Day.

In its ruling, the Fifth Circuit Court of Appeals 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.

According to the brief filed by Judicial Watch, the Founders and every Congress since 1845 understood "Election Day" to mean a single, uniform day when the ballot box is closed and no new votes can trickle in.

The Fifth Circuit agreed, warning that extending ballot deadlines invites the very problems Congress sought to prevent: fraud, uncertainty, and endless litigation over late-arriving votes.

Judicial Watch blasted Mississippi's claim that mailing a ballot before Election Day is enough, pointing out that until a ballot is actually received by election officials, it can be delayed, destroyed, or even recalled by the voter.

"Counting ballots received after Election Day is a flagrant violation of federal law and encourages fraud and voter distrust," said Judicial Watch President Tom Fitton.

"Let us hope that the Supreme Court will decline to hear Mississippi's senseless attempt to overturn a historic decision that sensibly concluded that counting ballots received after Election Day is unlawful."

More from Judicial Watch:

Judicial Watch initially filed the civil rights lawsuit in February 2024 on behalf of the Libertarian Party of Mississippi, challenging the same Mississippi election law permitting absentee ballots to be received as long as five business days after Election Day. The suit was consolidated with one filed by the Republican National Committee, the Mississippi Republican Party, and other complainants.