Catherine Salgado writes for PJMedia.com about a significant development for election integrity.
The Fifth Circuit Court of Appeals just delivered a win for election integrity and a blow to the Democrat rigging machine, a sign of hope not long before Election Day 2024.
On Oct. 25, the Fifth Circuit Court ruling in Republican National Committee v. Wetzel reversed a former judgment and affirmed that Mississippi’s statute allowing the state to receive ballots up to five days after federal Election Day is not consistent with the Constitution or federal law. It is not even consistent with Mississippi’s own law, the ruling states! Indeed, the ruling is a hopeful sign coming just after the discouraging news that a Biden-appointed judge ordered Virginia to reinstate non-citizens on voter rolls. The fight for election integrity is challenging but most certainly not doomed.
“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,” the ruling announces. “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.”
A ballot is “cast,” the ruling explains, “when the State takes custody of it.” While ballots might be counted after Election Day, “the result is fixed when all of the ballots are received and the proverbial ballot box is closed,” namely Election Day. Thus “the election concludes when the final ballots are received and the electorate, not the individual selector, has chosen.”
Mississippi’s own law confirms and agrees with this, the ruling adds. Ultimately, the idea that the state can and should receive ballots days after the federal Election Day flies in the face of both federal and state laws.
