Nineteen States File Amicus in Lawsuit Over Whether Federal Law Requires All Votes to be Received by Election Day

on July 10, nineteen states, all with Democratic Attorneys General, filed this amicus in Watson v Republican National Committee, 24-1260.  The Fifth Circuit had ruled that the 1872 federal law telling states to hold congressional elections on the first Tuesday after the first Monday in November implicitly also requires that all votes must be received in election offices by the end of election day.  Therefore, the Fifth Circuit had struck down Mississippi’s law allowing absentee postal ballots to be received by three days after election day.

The Supreme Court hasn’t decided yet whether to hear this case, but it is highly likely that the Court will hear it.

 


Comments

Nineteen States File Amicus in Lawsuit Over Whether Federal Law Requires All Votes to be Received by Election Day — 6 Comments

  1. Is the requirement that ballots must be received by election officials by the end of election day because postmarks can be counterfeited?

  2. ABSENTEE BALLOTS ARE A SUBSTITUTE FOR IN PERSON VOTING ON ELECTION DAYS —- N-O-T ELECTION DAYS/MONTHS/YEARS.

    COMMIE DONKEY AGS AT WORK

    ABS BALLOTS GOT GOING IN CIVIL WAR FOR UNION TROOPERS TO VOTE WHILE SMASHING CONFED SLAVERS – ESP IN 1864 ELECTION FOR PREZ.

  3. I have never seen any reference in any of the briefs to counterfeit postmarks.

  4. @DFR,

    Ballots dribbling in after election day undermine the credibility of the results particularly if they flip a close election.

    In a traditional in-person election at 7 PM (or whenever) when the polls close, the locked ballot box is unlocked and the ballots are examined one by one and tallied. During the election day observers can verify the voters and they marked their ballot and deposited it. After the ballots are tallied, they are placed back in the ballot box along with the tally sheets and the box is locked. The box is placed in a sheriff’s vehicle with two observers handcuffed to ballot box, and delivered to the county courthouse, where they are locked in a vault.

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