桃子视频

On January 26, 2024, the Republican National Committee, Mississippi Republican Party, and two individuals sued the Mississippi Secretary of State and several local election officials, seeking to overturn a four-year old Mississippi law that allows absentee voters to mail ballots up until Election Day and permits election officials to count those ballots so long as they are postmarked by Election Day and received within five business days after. Specifically, Plaintiffs argue that by accepting absentee ballots cast on or before Election Day but received after, Mississippi is 鈥渉olding voting open beyond the federal Election Day,鈥� which they claim 鈥渆ffectively extends Mississippi鈥檚 federal election past the Election Day established by Congress.鈥� The district court consolidated this case with a similar challenge brought by the Libertarian Party of Mississippi.

On February 21, 2024, the ACLU, 桃子视频of Mississippi, Dechert LLP, and Disability Rights Mississippi filed a motion to intervene in the case to defend Mississippi鈥檚 law on behalf of their clients, Disability Rights Mississippi (DRMS) and League of Women Voters of Mississippi (the 鈥淟eague鈥�). They did so to safeguard their members鈥� rights to vote and have that vote counted, and to protect their institutional interests in promoting democratic participation in Mississippi. Along with that motion, Proposed Intervenors attached a motion to dismiss the plaintiffs鈥� complaint and end the case, showing why the Plaintiffs are wrong on the law and that they lack standing to bring the case because the law has only enfranchised voters and not injured them in any way. On March 7, 2024, the district court denied DRMS and the League鈥檚 motion to intervene, despite concluding that both organizations had 鈥渄emonstrated an interest in this litigation sufficient to justify intervention鈥� and 鈥渟hown that their ability to protect their interests may be impaired by this lawsuit.鈥� However, the court granted permission to file an amicus brief at the summary judgment stage.

On March 26, 2024, the ACLU, 桃子视频of Mississippi, Dechert LLP, and DRMS filed an amicus brief on behalf of DRMS and the League, in support of summary judgment for defendants. The brief focused on two adverse effects that would follow a ruling from in Plaintiffs鈥� favor. First, construing the Federal Election Day Statutes to require that all absentee ballots be received on or before Election Day would substantially increase the risk of disenfranchisement, and voters with disabilities鈥攚hose rights DRMS is authorized by law to defend鈥攄isproportionately rely on mail-in ballots and would bear the brunt of that disenfranchisement. Second, Plaintiffs鈥� misreading of federal law lacks a principled basis to distinguish between ballot receipt and other post-election acts of election officials鈥攊ncluding the processing of absentee ballots, initial tabulation of votes, adjudication of challenged ballots, resolution of provisional ballots, county canvassing of local results, statewide canvassing of county results, and many steps in between. Accordingly, Plaintiffs鈥� interpretation of the Federal Election Day Statutes would destabilize election administration not just in Mississippi but in every state, and it would lead to absurdities that strongly counsel against its adoption.

On July 28, 2024, the district court rejected Plaintiffs鈥� far-flung arguments and granted defendants鈥� motion for summary judgment. Although the court found that the political party plaintiffs had standing based on their diversion of resources, it concluded that Mississippi鈥檚 absentee ballot receipt deadline does not conflict with the federal election day statute. In reaching this conclusion, the court construed the term 鈥渆lection鈥� to mean the 鈥渇inal selection鈥� of an officer holder and rejected plaintiffs鈥� claim that ballots are not 鈥渃ast鈥� until received by election officials. Rather, 鈥淸a]ll that occurs after election day is the delivery and counting of ballots cast on or before election day.鈥�

Plaintiffs then appealed the district court鈥檚 grant of summary judgment to the Fifth Circuit. On September 9, 2024, the ACLU, 桃子视频of Mississippi, Dechert LLP, and DRMS filed another amicus brief on behalf of DRMS and the League, in support of affirming the district court鈥檚 order. The amicus brief to the Circuit Court raises similar concerns to those presented before the district court.