RNC Pressures Texas to Halt Counting of Late Mail Ballots, Citing 5th Circuit Decision
The Republican National Committee (RNC) urged Texas election officials to halt a plan to count ballots received after Election Day, citing a recent decision in Mississippi from the nation’s most conservative federal appeals court.
Last month, the 5th U.S. Circuit Court of Appeals granted a request from the RNC to invalidate a Mississippi election law that allows for the counting of timely postmarked mail-in ballots for up to five business days after an election.
On Saturday, the RNC sent a letter to Texas Secretary of State Jane Nelson (R) essentially stating that the Mississippi decision applies to Texas, which allows for the counting of ballots that are postmarked for Election Day but arrive by Wednesday, Nov. 6 at 5 p.m.
The 5th Circuit covers Louisiana, Mississippi and Texas.
“Given the unlawfulness of counting mail ballots received after Election Day in federal elections,” the letter said, “there is a grave risk that all mail ballots received after Election Day in the State of Texas will be challenged in court and ultimately invalidated. We urge you to immediately abandon your plan to receive such ballots in order to avoid the threat of invalidated ballots and needless litigation.”
Democracy Docket reached out to a spokesperson for Nelson’s office.
The RNC asked Nelson to update the state’s guidance to election officials and instruct them to “segregate any mail ballots collected after Election Day from all other ballots that are received.”
The Mississippi case is still pending while a lower court determines how to implement the 5th Circuit’s ruling in light of legal precedent that counsels against making last-minute changes to election rules.