Breaking all across the internet at this hour is a decision from the Fifth Circuit Court of Appeals.
“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 Mississipppi’s statute allows ballot receipt up to five days after the federal election day, it is preemted by federal law. We reverse the district court’s contrary judgment and remand for further proceedings.””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 Mississipppi’s statute allows ballot receipt up to five days after the federal election day, it is preemted by federal law. We reverse the district court’s contrary judgment and remand for further proceedings.”
The Fifth covers Mississippi, Louisiana, and Texas and as far as I can tell, this does not change much. The case was remanded to the lower court for action, but I doubt it will generate any effect outside the Fifth if even that.
It is, however, putting some points on the board. The case will likely find its way to the US Supreme Court, which can be relied on for election integrity like the State of New Hampshire (not good, is what I mean). Those points could end up on the other side of this, with voting forever until the right candidate “wins.” Or not. Elections were significant enough that people were expected to show up on a day and vote that day, and that was it.
Character, culture, and tradition tell us this is the way. Whether SCOTUS will agree is a matter for a future in which Congress could change the way. Or, as one commenter on X noted,
