Last month, the Fifth Circuit ruled that accepting ballots that arrive after Election Day violates federal law.

(Alexandria, VA) –November 27, 2024: The Public Interest Legal Foundation (PILF) filed a brief in the Ninth Circuit Court of Appeals arguing that a Nevada law that accepts and counts ballots up to 4 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.

Nevada is not alone in accepting mail ballots that arrive after Election Day. In total, 15 states and the District of Columbia accept ballots that arrive after Election Day. Last month, the Fifth Circuit Court of Appeals ruled that accepting ballots after Election Day violates federal law.

“Elections drag on for days and even weeks because of how states count mail ballots,” said PILF President J. Christian Adams. “When states allow mail ballots to roll in days after Election Day results will be delayed. Not only does this policy lead to delayed results, but it also violates federal law. We need to restore the rule of law and put the ‘day’ back 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’s attorney in the case is Kaylan Phillips.

Read PILF’s brief in Republican National Committee v. Cari-Ann Burgess 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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