Watson v. Republican National Committee · ¶58

Plaintiffs have never independently challenged this aspect of Mississippi law. Ballot recall was not the basis for this litigation; it is nowhere mentioned in plaintiffs’ complaints. Even now, plaintiffs frame the possibility of postelection-day recall as simply one reason why counting ballots received after election day violates the federal election- day statutes. See, e.g., Brief for Respondent Libertarian Party of Mississippi 12. For its part, Mississippi denies that voters are allowed to recall their ballots. See Brief for Petitioner 41 (citing Miss. Code Ann. §23–15–637(3)). And it does not dispute that post-election-day recall would violate the election-day statutes.

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