'Chaos and confusion': Legal experts blast right-wing appeals court's ballot ruling
A conservative appeals court ruled Friday that mail-in-ballots in Mississippi must be at the election offices by Election Day and not post-marked on Election Day, as previously held.
"Congress statutorily designated a singular 'day for the election' of members of Congress and the appointment of presidential electors. Text, precedent, and historical practice confirms this 'day for the election' is the day by which ballots must be both cast and voters 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," the Fifth Circuit Court of Appeals ruled.
Mississippi ballots have already been printed and sent to voters with return information on them. The Secretary of State's Office FAQ section says mail-in absentee ballots will be available no later than Sept. 23.
The ruling sent legal analysts rushing to social media to cry foul that this ruling would apply to the 2024 election.
USC Law lecturer Ben Meiselas explained that the U.S. Supreme Court's "Purcell principle" mandates "that courts should not change election rules during the period of time just prior to an election because doing so could confuse voters and create problems for officials administering the election. The principle takes its name from Purcell v. Gonzalez."
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Former federal prosecutor Joyce Vance agreed, writing on X, "A discouraging but not entirely unexpected decision by the 5th Circuit. This is banned for Scotus. But if late counting of votes, cast by election day is in permissible, can challenges to early voting be far behind?"
"Decision aside, this may actually be the dumbest three guys ever to appear on one judicial panel! It’s an achievement to compile a whole panel with the intellectual heft required to lose Are You Smarter Than A Fifth Grader?" lamented "Above the Law" writer and journalist Joe Patrice.
"Well look who the 3 appeals court judges are on this case: all are Trump picks, all have far-right ideologically extreme views, and two of the three specifically have records of being hostile to voting rights," said Huffington Post reporter Jennifer Bendery.
"More last minute rules changes from Republican judges designed to cause chaos and confusion with the election," complained legal analyst Elie Mystal.
Lawyer Bradley P. Moss called on voters, "Get your ballots in. Now."