Republican National Committee v. Wetzel
Case Summary
LWV Mississippi and Disability Rights Mississippi filed an amicus brief in federal court defending a Mississippi law allowing mail ballots arriving up to five business days after Election Day to be counted. The RNC and several individual plaintiffs had filed a federal lawsuit alleging the deadline violated federal laws setting a uniform day for electing members of Congress and presidential electors.
Mississippi law (“receipt deadline law”) allows absentee ballots that are postmarked on or before Election Day and received no more than five business days after Election Day to be counted.
On January 26, 2024, the Republican National Committee, Mississippi Republican Party, and two individual plaintiffs filed a lawsuit in the Southern District of Mississippi alleging the receipt deadline law was illegal. The plaintiffs asserted that, under federal laws setting a single date for electing federal representatives, senators, and presidential electors, all votes were required to be cast or received before or on Election Day. Under this theory, any ballots received after Election Day were invalid and if counted, would dilute the “legal” votes cast on or before Election Day. The plaintiffs requested the court issue an order striking down the receipt deadline law and only allow ballots received by Election Day to be counted.
On February 21, 2024, LWV Mississippi and Disability Rights Mississippi moved to intervene to protect voters and their members’ right to cast an absentee ballot and have it count. On March 7, 2024, the court denied the motion to intervene but allowed LWV Mississippi and Disability Rights Mississippi to file an amicus brief instead.
On March 26, 2024, LWV Mississippi and Disability Rights Mississippi filed an amicus brief supporting the receipt deadline law. The brief argued that adopting the plaintiffs’ theory on Election Day would lead to potential disenfranchisement and chaos. For example, under plaintiffs’ proposed relief, voters with disabilities would be forced to vote in person or risk being disenfranchised if the Postal Service failed to deliver their ballot by Election Day, instead of having a safe harbor of five additional business days. LWV Mississippi and Disability Rights Mississippi also argued that agreeing with the plaintiffs would mean many basic election procedures, such as tabulating and canvassing the ballots after Election Day, could require states across the country to change their election procedures and destabilize election administration.
LWV Mississippi was represented in this matter by the ACLU of Mississippi, ACLU, and Dechert LLP.
LWV Timeline
Plaintiffs file complaint
The Republican National Committee, Mississippi Republican Party, and two individual plaintiffs file a federal lawsuit arguing that a state law counting absentee ballots that arrive up to five business days after Election Day is illegal under federal law.
LWV Mississippi moves to intervene
LWV Mississippi and Disability Rights Mississippi move to intervene to protect voters and their members’ ability to effectively vote using absentee ballots.
Court denies LWV Mississippi’s motion to intervene
The court denies the motion to intervene, finding the current parties adequately represented the interests of the moving parties. LWV Mississippi and Disability Rights Mississippi are allowed to file amicus briefs instead.
LWV Mississippi files amicus brief
LWV Mississippi and Disability Rights Mississippi file an amicus brief supporting defendants and the receipt deadline law, arguing that adopting plaintiffs’ theory about Election Day would upend election administration and disenfranchise voters with disabilities.
United States submits statement of interest
The United States Department of Justice submits a statement of interest, arguing that permitting the counting of otherwise valid ballots cast on or before election day and received after election day, does not violate federal laws imposing uniform dates for federal elections.