Former U.S. Attorney Joseph diGenova told Newsmax on Tuesday that he is pleased the Supreme Court agreed to hear a Mississippi mail-in voting case, calling the process one with "no controls."
"I actually find it fascinating that the court accepted this case from Mississippi," diGenova said on "The Chris Salcedo Show."
He questioned why the state allows mail-in ballots to be counted up to a week after Election Day.
"This is exactly what's wrong with mail-in voting," he said.
The Supreme Court on Monday agreed to review Mississippi's defense of a law permitting mail-in ballots received within five days after Election Day to count if postmarked by Election Day.
Republican challengers argue the law conflicts with federal election statutes.
A lower court ruled against the state, finding the post-Election Day grace period unlawful.
That decision held that the state's rule permitting certain voters' mail-in ballots to be counted after Election Day conflicts with federal election law.
The justices will hear arguments early next year, with a ruling expected by June.
DiGenova said no one can ensure voting integrity with mail-in votes.
"There are no controls that really matter. If you can continue to count votes a week after the election, what's to prevent votes from coming in, being created? That's the problem," he said.
He said concerns over mail-in voting go back decades.
"That's why the Carter Commission said that this is the most insecure form of voting, and it shouldn't happen. So I guess maybe the court's going to rule that the Mississippi law violates the Constitution," diGenova said.
He added: "I hope that's what they're going to do. I hope they're going to say only the U.S. government can decide when you count votes in a federal election."
The Republican National Committee, the Mississippi Republican Party, and other plaintiffs sued in 2024 to strike down the state's law.
In August, President Donald Trump pledged to eliminate mail-in voting nationwide before the 2026 midterm elections.
Mail-in voting tends to favor Democrats, as they are more likely than Republicans to use it.
Roughly 30 states and the District of Columbia accept some ballots that are postmarked by Election Day but arrive afterward.
Mississippi's Legislature, which is controlled by Republicans, passed the five-day rule in 2020 with bipartisan support in the first year of the COVID-19 pandemic.
Mail-in voting in the state is restricted to certain groups, including older and disabled voters and residents living away from home.
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