Supreme Court hears mail-in ballot case that could impact the midterms
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Highest court in a jurisdiction
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of a supreme court are binding on all other courts in a nat...
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Why It Matters
This case matters because it could determine whether states can enforce strict mail-in ballot deadlines, potentially disenfranchising thousands of voters in upcoming elections. It affects election officials who must implement voting procedures, political campaigns that rely on mail-in voting strategies, and voters—particularly elderly, disabled, and rural populations who depend on mail ballots. The ruling could reshape election administration nationwide and influence the legitimacy of election results in closely contested races.
Context & Background
- The 2020 election saw unprecedented mail-in voting due to the COVID-19 pandemic, with over 65 million Americans voting by mail.
- The case likely involves the 'mail ballot receipt deadline' issue—whether ballots postmarked by Election Day but received after must be counted.
- Previous Supreme Court rulings, like Brnovich v. DNC (2021), have upheld certain voting restrictions under the Voting Rights Act.
- State laws on mail-in ballots vary widely, with some allowing ballots to arrive days after Election Day if postmarked on time.
- The 'Purcell Principle' is a judicial doctrine advising courts not to change election rules close to an election to avoid voter confusion.
What Happens Next
The Supreme Court will issue a ruling by late June or early July 2023, before the 2024 election cycle intensifies. States may need to quickly adjust their election laws and inform voters of new deadlines. The decision could prompt congressional proposals to standardize mail-in voting rules, though partisan divisions make federal legislation unlikely.
Frequently Asked Questions
The case likely centers on whether states can reject mail-in ballots that arrive after Election Day, even if postmarked by Election Day. It may involve the Constitution's Elections Clause or the Fourteenth Amendment's Equal Protection Clause.
A ruling allowing strict deadlines could reduce the number of counted mail ballots, potentially altering outcomes in swing states. It might also lead to more litigation over rejected ballots and affect voter turnout strategies.
States with lenient mail-ballot receipt deadlines, like California and Washington, would need to tighten rules if the Court restricts late arrivals. States already with strict rules, like Texas, would see their laws upheld.
Not directly—the case focuses on ballot receipt deadlines, not fraud. However, supporters of strict deadlines argue they ensure election integrity, while opponents say they unfairly disenfranchise voters.
Yes, Congress could pass a law setting a national standard for mail-in ballots, but this would require bipartisan support, which is currently lacking due to partisan divisions over voting rules.