Mississippi’s mail-in ballot receipt law has been struck down by the court. Swing state Nevada has a similar law

A federal appeals court struck down a Mississippi law that allowed this ballots by mail received within five days after the November 5 election be counted.

A three-judge panel ruled Friday that the law violated federal law designating an “election day” and should therefore be struck down. The lawsuit was filed by the Republican National Committee and the Republican Party of Mississippi.

In defending its law, the state suggested that receipt of ballots is not a necessary part of voters casting ballots.

“The state’s problem is that it thinks a ballot can be ‘cast’ before it is received.” wrote Judge Andrew Oldham, who was appointed by President Donald Trump to the U.S. Court of Appeals for the Fifth Circuit.

If that were true, Oldham suggested, a state could allow voters to cast their ballots by marking them and then putting them in a drawer or posting photos of them on social media.

“The hypotheses are clearly absurd,” said Oldham, who was appointed by the court former President Donald Trumpwrote.

Many states, as well as Washington, DC, allow ballots that arrive after Election Day to be counted Nevada, a swing state which requires the receipt of mail-in ballots within four days of the election. A federal judge will appear in July rejected a lawsuit filed by the Republican National Committee and the Republican Party of Nevada to eliminate Nevada’s four-day allowance.

Mississippi and Texas are the only states with such laws within the Fifth Circuit — and thus the only states directly affected by the decision. Texas allows mail-in ballots sent on Election Day to be counted if they are received by the day after the election.

But the ruling interprets the federal law that governs the entire country. Federal courts in other areas could reach similar conclusions, or the Supreme Court could do so for the entire country.

“Our Circuit Clerk and Election Commissioners will follow the law, whether it is the Legislature or the Court that decides what that may be!” Tim C. Holleman, an attorney who represented Mississippi officials in the case, said in an email. “They are here to serve the public and ensure our elections are conducted efficiently and in accordance with the law, to serve the voters!!”

“This is a major victory for election integrity, law enforcement and common sense safeguards,” the Republican National Committee said in a speech. press release following the ruling. “Voters deserve nothing less than fair and transparent elections that end on November 5.”

Judges James Ho and Kyle Duncan, who were also appointed by Trump to the Fifth Circuit appeals court, joined Oldham in the opinion.

This article originally appeared on USA TODAY: The MS law for mail-in ballots has been struck down. Swing state Nevada has a similar law