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In 2020, in a nearly unanimous bipartisan vote, Mississippi joined eighteen other states in accepting mail ballots postmarked by Election Day that arrived after Election Day (in Mississippi鈥檚 case, up to five business days). This lawsuit by partisan actors seeks to disenfranchise these voters whose ballot is mailed by Election Day but鈥攖hrough no fault of their own鈥攄oes not arrive until afterwards. In Mississippi, this harm will fall disproportionately on voters with disabilities, older voters, and other communities that rely upon absentee voting. Twisting the words and meaning of Congress, the RNC argues that three longstanding federal laws that set a uniform election day for federal races require that ballot may only be counted if they are received by election officials by Election Day. If accepted, this radical argument would not only disenfranchise thousands upon thousands of voters in Mississippi and eighteen other states, but also upend election administration in every state.

Michigan requires boards of county canvassers to certify the results of an election within 14 days after the election based on the total number of votes reported from each location. The law doesn't allow them to withhold certification. Kalamazoo Board of County Canvassers member, Robert Froman, has made clear that he would decline to certify the November 2024 election under certain circumstances. This lawsuit asks the state's courts to make clear that Mr. Froman is duty bound to certify the election based on the number of votes reported.

The Georgia鈥檚 State Election Board recently passed two new rules about local election certification that threaten to disenfranchise thousands of Georgia voters. The rule changes are part of a nationwide effort by 2020 election-deniers to obtain positions on county election boards and weaponize certification for partisan ends at the expense of voters.

Right now, an entire class of eligible voters in Delaware 鈥� those incarcerated in Delaware facilities while awaiting trial (鈥減retrial detainees鈥�) or who have been convicted of misdemeanors, which are not disqualifying under state law (together with pretrial detainees, 鈥渆ligible incarcerated voters鈥�)鈥攈ave no constitutional means of voting. Delaware does not permit in-person voting in its correctional facilities. And a recent Delaware Supreme Court decision has now foreclosed these voters from voting absentee. This leaves these voters completely disenfranchised ahead of the 2024 elections, in violation of the Fourteenth Amendment to the U.S. Constitution.