Scope: Federal
Branch: Judicial
Severity: Amber
Date occurred: September 9, 2026
The U.S. Court of Appeals for the Fifth Circuit issued a decision in Republican National Committee v. Wetzel, a civil rights case challenging Mississippi's acceptance of absentee ballots received after Election Day. The case concerns whether federal statutes setting a uniform federal Election Day preempt the state's post-election ballot receipt window.
Constitutional basis: Federal appellate court applying Elections Clause statutes to displace a state ballot-receipt rule, a contested preemption question without settled cross-circuit resolution.