17 States and the District of Columbia accept and tabulate mail ballots that arrive after Election Day.

(Alexandria, VA) – August 26, 2023: The Public Interest Legal Foundation (PILF) filed a brief in the Fifth Circuit Court of Appeals arguing that a Mississippi law that accepts and counts ballots up to 5 days after Election Day violates federal law.

Federal law requires a single national Election Day to be held on “the first Tuesday after the first Monday in November of every even-numbered year.” In fact, every mention of Election Day in federal law is singular, not plural.

Mississippi is not alone in accepting mail ballots that arrive after Election Day. In total, 17 states and the District of Columbia accept ballots that arrive after Election Day.

“We now have election month because states accept ballots that arrive days and even weeks after Election Day,” said PILF President, J. Christian Adams. “Not only does this lead to distrust and chaos in our elections, but it also violates federal law. We need to end this lawlessness and restore the day in Election Day.”

Not only does the law require ballots to arrive by Election Day, but it is also good policy. The Foundation’s brief highlights Florida’s turnaround from the 2000 debacle to now being one of the few states that knows its results on election night. A large reason for this is the state’s requirement that mail ballots arrive by Election Day.

PILF attorneys in the case are J. Christian Adams and Joseph Nixon.

Read PILF’s brief in Republican National Committee v. Wetzel here.

Public Interest Legal Foundation (PILF) is the nation’s only public interest law firm dedicated wholly to election integrity. The Foundation exists to assist states and others to aid the cause of election integrity and fight against lawlessness in American elections. Drawing on numerous experts in the field, PILF seeks to protect the right to vote and preserve the Constitutional framework of American elections. PILF has brought lawsuits and won victories in Texas, Mississippi, North Carolina, Virginia, Maryland, Pennsylvania, Michigan, and across the United States.

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For media inquiries, please reach out to Lbowman@publicinterestlegal.org