Supreme Court Seems Poised to Reject Late-Arriving Mail-In Ballots
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Why It Matters
This Supreme Court case could determine whether mail-in ballots received after Election Day will be counted in future elections, potentially disenfranchising thousands of voters who follow instructions but face postal delays. The decision would affect all states that allow mail-in voting, particularly those with tight deadlines, and could influence election outcomes in close races. It matters because it balances election integrity concerns against ensuring every legitimate vote is counted, especially as mail-in voting has expanded significantly since 2020.
Context & Background
- The case likely involves the 'late-arriving ballots' issue that emerged during the 2020 election, where some states extended deadlines due to COVID-19 and postal service delays.
- The Supreme Court previously addressed similar issues in 2020, including the 'Purcell Principle' which cautions against changing election rules close to an election.
- Mail-in voting has historically been used for absentee ballots but expanded dramatically during the pandemic, with over 40% of voters casting ballots by mail in 2020.
- Different states have different deadlines for receiving mail-in ballots, with some requiring receipt by Election Day and others allowing a grace period if postmarked by Election Day.
- The case may involve the Electoral Count Act or state legislatures' authority to set election rules under Article II of the Constitution.
What Happens Next
The Supreme Court will issue its ruling, likely by late June or early July 2024, which will set a precedent for the 2024 presidential election and beyond. States may need to adjust their mail-in ballot deadlines and procedures accordingly. The decision could also spur legislative efforts in Congress to standardize mail-in voting rules nationally, though such efforts face political hurdles.
Frequently Asked Questions
Late-arriving mail-in ballots are those that are postmarked by Election Day but received by election officials after the deadline, often due to postal service delays. Some states have allowed a grace period for these ballots, while others reject them if not received by Election Day.
The Court might rule that late-arriving ballots violate election integrity principles or that states must enforce strict deadlines to ensure finality and prevent fraud. Conservative justices often emphasize state legislatures' authority to set election rules without judicial interference.
Thousands of voters could be affected, especially in states with tight deadlines or unreliable postal service. In the 2020 election, tens of thousands of mail-in ballots arrived after Election Day in key battleground states.
The ruling would set a federal precedent but may allow states to set their own rules within constitutional bounds. States with laws allowing grace periods might need to reconsider them if the Court rules against late-arriving ballots.
Voters should mail ballots well before Election Day, use drop boxes if available, or vote in person if possible. Checking with local election offices for tracking options can also help ensure timely receipt.