Forum

Supreme Court Skeptical of Mail-In Ballots That Show Up After Election Day

The case is Watson v. Republican National Committee; arguments were heard yesterday before the nation’s highest court. SCOTUS Blog sums it up: The Supreme Court on Monday appeared ready to overturn a Mississippi law that allows mail-in ballots to be counted as long as they are postmarked by, and then received within five business days of, Election Day…. Because more than a dozen states have similar laws, the court’s ruling – which is expected by late June or early July – could have significant implications for federal elections, beginning as soon as November(SCOTUS Blog). Ed Morrissey at Hot Air: The bigger question today was: How will the Supreme Court define “day” in terms of elections? … This case does not address the forms of voting, but only the final submission of ballots. If that isn’t clear now in the arguments, the court’s ruling on this appeal can certainly make that point explicit. No one will be surprised when the court rules that “Election Day” means “day” in terms of time. The court appears poised to create that as a governing precedent in this case, whether on a 6-3 or 5-4 basis. The real question is why this common-sense conclusion will not likely get the same unanimity that it did at the Fifth Circuit (Hot Air).