AUSTIN (KXAN) — Friday is the last day voters in Texas can apply for a mail-in ballot for this upcoming election. In Texas, mailed ballots must arrive in time the day after Election Day.
However, a new appeals court ruling could change that in the future.
The 5th Circuit Court of Appeals ruled in a Mississippi case that ballots must be received by Election Day and that state laws allowing them to arrive later are preempted by federal law.
The court ruled against a law that counts mail ballots that are postmarked by Election Day but arrive after it. Mississippi currently allows for ballots to show up five days after Election Day.
The court noted Mississippi made that change to its election laws during the COVID-19 pandemic.
The court’s new opinion sided with the Republican National Committee and others who brought this lawsuit forward.
“Congress statutorily designated a singular day for the election of members of congress and the appointment of presidential electors. Text, precedent, and historical practice confirm this ‘day for the election’ is the day by which ballots must be both cast by voters and received by state officials,” the court wrote.
The ruling sends the matter back to a lower court for further consideration.
