Supreme Court to Hear Judicial Watch Case on Post-Election Ballot Counting

Judicial Watch's Legal Battle

• 🏛️ Judicial Watch is awaiting a Supreme Court decision on whether to hear a case challenging the practice of counting ballots that arrive after election day.
• ⚖️ This case stems from a Judicial Watch victory in the lower courts, where they sued Mississippi on behalf of the Libertarian Party.
• 📌 The core issue is whether federal law, which designates a specific election day, preempts state laws allowing ballots to be received and counted days after the federal election.

Ballot Counting Laws Across States

• 🗳️ Several states, including Mississippi (5 days), Illinois (14 days), and California (7 days), permit ballots arriving after election day to be counted.
• 🌍 This practice is reportedly followed in at least 19 states and the District of Columbia for presidential and federal elections.
• ⚠️ The argument is that allowing ballots to arrive after election day invites election rigging and fraud, undermining public confidence.

The Fifth Circuit Ruling and Appeal

• ✅ The Fifth Circuit Court of Appeals ruled in favor of Judicial Watch, finding Mississippi's statute unlawful for counting ballots received after election day.
• 🔄 Mississippi appealed this decision to the full Fifth Circuit, which affirmed the initial ruling.
• 📜 Now, Mississippi has filed a cert petition, asking the Supreme Court to review and overturn the Fifth Circuit's decision.

Related Supreme Court Case on Standing

• 🧑‍⚖️ Judicial Watch was recently before the Supreme Court on a related issue concerning candidate standing – whether a candidate has the right to challenge election laws.
• ❓ The Supreme Court is now considering two intertwined issues: whether individuals have the right to challenge these laws, and the underlying legality of counting late-arriving ballots.

Potential Supreme Court Outcomes

• 🚀 There are three potential outcomes: the Court could take up the case, decline to hear it (kicking the can down the road), or relist it for further consideration.
• 📈 The speaker believes there's a good chance the Supreme Court will take the case to resolve the circuit split and ensure election integrity nationwide.
• 🎯 If the Supreme Court declines, the Fifth Circuit's ruling stands, but other circuit court decisions could create inconsistencies.

Election Integrity and Federal Law

• 🗓️ The argument is that federal law establishes a single election day, and any state law allowing ballots to arrive after this day is preempted.
• 🔍 The speaker emphasizes that without a clear deadline, the concept of an election day loses meaning, potentially leading to widespread fraud and a loss of voter confidence.
• ✊ Judicial Watch positions itself as a national leader in advocating for election integrity through legal challenges.