Filed Date: Feb. 5, 2024
Case Ongoing
Clearinghouse coding complete
This case challenged the legality of Mississippi’s absentee-balloting procedures, specifically the state’s “Ballot Receipt Deadline” statute that extended the deadline for receipt of absentee ballots by five business days past election day, so that ballots postmarked on or before the date of election and received by the registrar no more than five business days after the election would be counted.
On February 5, 2024, the Libertarian Party of Mississippi (LPMS) filed a complaint in the United States District Court for the Southern District of Mississippi against the Harrison County Clerk and Registrar, five members of the Harrison County Election Commission, and the Mississippi Secretary of State. LPMS alleged that Mississippi’s absentee ballot receipt deadline, codified in Mississippi Code § 23-15-637(1)(a), violated federal law because it extended the deadline for receipt of absentee ballots by five business days after Election Day. The plaintiff asserted that the five-day extension conflicted with the uniform federal Election Day established by Congress under 2 U.S.C. §§ 1, 7, and 3 U.S.C. § 1. The complaint further contended that the Electoral Count Reform Act (ECRA), which revised the process of casting and counting electoral votes for presidential elections, permitted such extensions only in cases of "force majeure events that are extraordinary and catastrophic," none of which occurred for the November 5, 2024, federal election, and therefore that use of the five-day extension in that election violated federal law. The plaintiff argued that Mississippi’s extended deadline unlawfully diluted the votes of timely voters, disproportionately harmed minor political parties like the LPMS, and imposed unnecessary financial burdens on candidates monitoring post-election canvassing, ultimately undermining the integrity of federal elections. LPMS claimed violations of the First and Fourteenth Amendments, the Elections Clause (Art. I, § 4, cl. 1), and the Electors Clause (Art. II, § 1, cl. 4), and sought declaratory and injunctive relief, including a permanent injunction barring enforcement of the extension statute, temporary relief pending litigation, and an award of costs and attorneys’ fees. The case was originally assigned to District Judge Taylor B. McNeel, but on February 8, 2024, Judge McNeel recused himself from the case, which was reassigned to District Judge Louis Guiola, Jr.
On March 1, 2024, the court consolidated this action with a similar lawsuit filed by the Republican National Committee (RNC), the Mississippi Republican Party, James "Pete" Perry, and Matthew Lamb (Republican National Committee v. Wetzel, Case No. 1:24-cv-00025), designating the RNC lawsuit as the lead case. Consequently, on July 29, 2024, the court ordered that this consolidated case be dismissed with prejudice. Developments in the consolidated action are summarized here.
Summary Authors
Madeline Dollard (6/19/2026)
Republican National Committee v. Wetzel, Southern District of Mississippi (2024)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68223690/parties/libertarian-party-of-mississippi-v-wetzel/
Guirola, Louis (Mississippi)
Nobile, T. Russell (Mississippi)
Gov, Rex M. (Mississippi)
Holleman, Tim C. (Mississippi)
See docket on RECAP: https://www.courtlistener.com/docket/68223690/libertarian-party-of-mississippi-v-wetzel/
Last updated June 26, 2026, 3:52 a.m.
State / Territory:
Case Type(s):
Special Collection(s):
Trump Administration 2.0: Litigation and Investigations By the Government
Key Dates
Filing Date: Feb. 5, 2024
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
The Libertarian Party of Mississippi (LPMS)
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
County
Harrison County Clerk and Registrar Mississippi
Members of Harrison County Election Commission
State
Mississippi Secretary of State
Defendant Type(s):
Case Details
Causes of Action:
Constitutional Clause(s):
Other Dockets:
Southern District of Mississippi 1:24-cv-00037
Available Documents:
Outcome
Prevailing Party: None Yet / None
Relief Sought:
Relief Granted:
Source of Relief:
Issues
Voting:
Case Summary of Libertarian Party of Mississipi v. Wetzel, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/47137/ (last updated 6/19/2026).