UC Davis Law professor Vikram David Amar and Illinois Law professor Jason Mazzone address the Fifth Circuit’s refusal to rehear a case challenging a Mississippi law allowing mail-in ballots postmarked by Election Day to be counted if received within five business days. Professors Amar and Mazzone explore the broader implications of that decision—especially in light of a recent Executive Order by President Donald Trump that adopts a strict interpretation of federal “Election Day” laws. The authors argue the Fifth Circuit’s reasoning is flawed, that longstanding state practices allowing some flexibility in ballot receipt are legally and constitutionally sound, and that both the court’s ruling and the Executive Order reflect an overly rigid and potentially partisan approach that should ultimately be reviewed and corrected by the U.S. Supreme Court.
UC Davis Law professor Vikram David Amar and Illinois Law professor Jason Mazzone discuss a legal challenge to Mississippi’s law allowing the counting of absentee ballots that arrive up to five business days after Election Day, as long as they are postmarked by Election Day. Professors Amar and Mazzone argue that the law is consistent with federal election statutes and constitutional principles, and that the plaintiffs’ interpretation of “Election Day” is overly narrow and inconsistent with other accepted election practices.
UC Davis Law professor Vikram David Amar and Illinois Law professor Jason Mazzone comment on a federal lawsuit filed by the Republican National Committee and the Republican Party of Mississippi, among others, challenging Mississippi’s law that counts mail-in ballots postmarked by Election Day but received within five business days thereafter for federal elections. Professors Amar and Mazzone argue that this lawsuit is unlikely to succeed due to the implausibility of its legal theory, highlighting the distinction between the act of voting and the counting of votes, and underscoring the constitutional and statutory framework that grants states broad leeway in election administration, including the acceptance of mail-in ballots.
