California Attorney General Rob Bonta has joined a coalition of 19 attorneys general in an amicus brief supporting a Mississippi voting rights law, which is currently being challenged by the Republican National Committee in the case Republican National Committee v. Wetzel. The brief, filed before the Fifth Circuit Court of Appeals, defends Mississippi's law that allows absentee ballots to be counted if postmarked by Election Day and received within five days thereafter. The coalition argues that this law falls within states' constitutional authority to regulate elections and urges the court to reject the challenge.
"Everyone deserves to have their voices heard when casting their ballot. As Republicans try to make it harder for Americans to participate in our democracy, California is standing up for voters and defending Mississippi's constitutional absentee ballot law," said Attorney General Bonta. "Our democracy works best when everyone can participate. We must protect the American democratic right to vote through fair elections."
The coalition contends that most states permit counting some mail-in ballots arriving after Election Day and that such flexibility is derived from their constitutional authority to ensure effective elections. They argue that these deadlines coexist with federal election-day statutes and align with the framework established by the Framers.
Absentee voting has been a method of increasing voter participation since before America's founding, becoming more prevalent during and after the Civil War, and entering mainstream use in recent decades. The share of mail-in ballots rose significantly from 7.8% in 1996 to 20.9% in 2016, further increasing during the COVID-19 pandemic with 31.9% of votes cast by mail in the 2022 elections.
Laws like Mississippi’s are seen as essential for maximizing voter participation as absentee voting becomes more common. These laws mitigate risks associated with shifting part of the voting process from machines to postal systems, which require several days for delivery under ideal circumstances.
Attorney General Bonta has shown commitment to protecting voting rights through various actions this year, including sending letters reminding social media and AI companies about California laws against voter intimidation and deception; filing lawsuits challenging measures perceived as restrictive; joining coalitions supporting early voting laws; and issuing warnings against scam election robocalls.
Bonta joins Attorneys General from District of Columbia, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, Pennsylvania Rhode Island Vermont Washington.
A copy of the brief can be found here.