Court says Mississippi can't count late ballots but the ruling doesn't affect Nov. 5 vote

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Court says Mississippi can't count late ballots but the ruling doesn't affect Nov. 5 vote

2024-10-26 07:44 Last Updated At：07:50

JACKSON, Miss. (AP) — A conservative federal court said Mississippi cannot count mail-in ballots that arrive shortly after Election Day, however Friday's decision was not expected to affect the Nov. 5 election.

Although the appellate judges firmly asserted that counting late ballots violates federal law, even if those ballots are postmarked by Election Day, the judges stopped short of an order immediately blocking Mississippi from continuing the practice. Their ruling noted federal court precedents have discouraged court actions that change established procedures shortly before an election.

The outcome may be negligible in most elections in heavily Republican Mississippi, but the case could affect voting in swing states if the Supreme Court ultimately issues a ruling.

The three-judge panel of the 5th U.S. Circuit Court of Appeals reversed a July decision by U.S. District Judge Louis Guirola Jr., who had dismissed challenges to Mississippi’s election law by the Republican National Committee, the Libertarian Party of Mississippi and others. The appeals court order sent the case back to Guirola for further action.

The appeals court said its ruling Friday would not be returned to a lower court until seven days after the deadline for appealing their decision has passed — which is usually at least 14 days. That would put the effect of the ruling well past Nov. 5.

UCLA law professor Richard Hasen wrote on his election law blog that the appeals court ruling was a “bonkers opinion” and noted that “every other court to face these cases has rejected this argument.”

Republicans filed more than 100 lawsuits challenging various aspects of vote-casting after being chastised repeatedly by judges in 2020 for bringing complaints about how the election was run only after votes were tallied.

Republican National Committee Chairman Michael Whatley praised the ruling for upholding “commonsense ballot safeguards” and said voters deserve “a transparent election which ends on November 5th.”

A spokesperson for the Democratic National Committee did not immediately comment on the ruling.

Mississippi is one of several states with laws allowing mailed ballots to be counted if they are postmarked by Election Day, according to the National Conference of State Legislatures. The list includes swing states such as Nevada and states such as Colorado, Oregon and Utah that rely heavily on mail voting.

In July, a federal judge dismissed a similar lawsuit in Nevada. The Republican National Committee is asking the 9th Circuit Court of Appeals to revive that case.

Guirola wrote that Mississippi’s law does not conflict with federal election laws. The suit challenging the Mississippi law argued that the state improperly extends the federal election and that, as a result, “timely, valid ballots are diluted by untimely, invalid ballots.”

Guirola disagreed, writing in July that “no ‘final selection’ is made after the federal election day under Mississippi’s law. All that occurs after election day is the delivery and counting of ballots cast on or before election day.”

Although the Mississippi challenge was led by Republicans and Libertarians, there is bipartisan support for the Mississippi practice. Mississippi Attorney General Lynn Fitch is defending the state’s top election official. Secretary of State Michael Watson a defendant in the case. Both are Republicans.

Watson said in a statement Friday that his office will “explore all available legal options.”

The members of the appellate panel that reversed Guirola were judges James Ho, Stuart Kyle Duncan and Andrew Oldham, all nominated to the 5th Circuit by former President Donald Trump.

McGill reported from New Orleans. Associated Press reporter Mark Sherman contributed from Washington.

Israeli military launches strikes on military targets in Iran, officials say

2024-10-26 07:46 Last Updated At：07:50

DUBAI, United Arab Emirates (AP) — Israel launched airstrikes early Saturday targeting what it described as military targets in Iran in retaliation for a ballistic missile assault Oct. 1, officials said. There was no immediate information on damage in the Islamic Republic.

Israel's military described the attack as “precise strikes on military targets in Iran,” without immediately elaborating.

“The regime in Iran and its proxies in the region have been relentlessly attacking Israel since Oct. 7 – on seven fronts – including direct attacks from Iranian soil,” an Israeli military statement said. “Like every other sovereign country in the world, the State of Israel has the right and the duty to respond.”

In Tehran, the Iranian capital, the sound of explosions could be heard, with state-run media there initially acknowledging the blasts and saying some of the sounds came from air defense systems around the city.

Iran has launched two ballistic missile attacks on Israel in recent months amid the ongoing Israel-Hamas war in the Gaza Strip that began with the Hamas attack on Israel on Oct. 7, 2023. Israel also has launched a ground invasion of Lebanon.

The strike happened just as U.S. Secretary of State Antony Blinken was arriving back in the U.S. after a tour of the Middle East where he and other U.S. officials had warned Israel to tender a response that would not further escalate the conflict in the region and exclude nuclear sites in Iran.