The Supreme Court (SCOTUS) ruled that state laws allowing for the counting of mail-in ballots after election day are not in violation of federal law, a blow to the Republican National Committee and President Donald Trump’s administration.
On Monday, SCOTUS issued a 5-4 ruling that permits states to count mail-in ballots — sent on or before election day — that are received by state election officials after election day.
Justice Amy Coney Barrett wrote the majority’s opinion, joined by Chief Justice John Roberts as well as Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson.
“Two principles are important here. First, post-election-day receipt, considered on its own, does not conflict with the election-day statutes,” the Court writes:
Second, state law is preempted by the federal election-day statutes only “‘so far as the conflict extends.’” So even if plaintiffs are right about Mississippi law, they would still lose the challenge they have pressed in this litigation: that post-election-day ballot receipt is itself unlawful. [Emphasis added]
The Framers recognized the difficulty of crafting election laws “applicable to every probable change in the situation of the country.” So instead of constitutionalizing election law, they decided that “a discretionary power over elections” needed to be lodged “somewhere.” Suffice it to say, that power was not lodged in this Court. The election-day statutes say nothing about ballot receipt, and we cannot add to the words Congress chose. [Emphasis added]
Justice Samuel Alito filed a dissenting opinion, joined by Justices Clarence Thomas and Neil Gorsuch. Justice Brett Kavanaugh joined most of the dissenting opinion as well.
“The Court … concludes that the election-day statutes merely require that each individual cast a vote on or before election day,” Alito writes for the minority:
But if that is all that the election-day statutes require, there is no sense in which the electorate as a whole can be seen as making its choice on election day. Rather, the electorate’s choice would be made piecemeal over an extended period prior to election day, and that prospect is blatantly contrary to what the election-day statutes demand. [Emphasis added]
Election day is a specified date, not a span of multiple days. The election-day statutes require that federal elections occur on that date. Under the challenged Mississippi law, however, the collection of ballots continues for five more days, and therefore the “election” is not held until the end of that period. Because federal law requires that the election occur on election day, it preempts Mississippi’s statute. [Emphasis added]
The case is Watson v. Republican National Committee, No. 24–1260 in the Supreme Court of the United States.
John Binder is a reporter for Breitbart News. Email him at jbinder@breitbart.com.