State of Mississippi

Mississippi Mail-In Ballot Receipt Deadline Challenge (Libertarian Party of Mississippi)

Libertarian Party of Mississippi v. Wetzel

Lawsuit filed on behalf of the Libertarian Party of Mississippi against Mississippi Secretary of State Michael Watson (R), the Harrison County Circuit Court clerk and members of the Harrison County Election Commission (HCEC) challenging a Mississippi law that allows mail-in ballots to be counted if they are postmarked on or before Election Day and received within five business days of the election. The lawsuit alleges that this practice violates federal law by extending Election Day as set by Congress up to five days for mail-in ballots. The plaintiffs claim that any ballot received after Election Day is no longer a valid ballot, and allowing the counting of absentee ballots after Election Day results in “valid votes” being diluted by “illegal and invalid ballots received in violation of the federal Election Day statutes.” 

The plaintiffs ask the court to declare the Mississippi law in violation of the First and 14 Amendments and the Elections and Electors Clauses of the U.S. Constitution. The plaintiffs also ask that the court block the HCEC and Mississippi secretary of state from implementing or enforcing the extended mail-in ballot receipt deadline.

Case Documents

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