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YES!!! SUPREME COURT UPHOLDS COUNTING BALLOTS POSTMARKED BY ELECTION DAY!
by Anne P. Mitchell, Esq. – attorney and law professor emeritus – giving you 100% facts and truth in plain English about what’s going on with this administration and the law
The Supreme Court today upheld state laws allowing mail-in ballots that arrive after Election Day – but which are *postmarked* by Election Day – to be counted.
The state of Mississippi has a law on the books that allows the counting of mail-in ballots that are received up to five days after Election Day. There are dozens of other states that have similar laws. The Republican National Committee along with a few other parties sued Mississippi, claiming that the federal Election Day is the day that elections are held, and so preempts any state laws to the contrary.
In its 48-page opinion (included for Notes from the Front members) the Supreme Court patiently explained what you all already know: that the administering of elections, even federal elections, is reserved to the states. Yes, the federal government gets to set the date of what we call ‘Election Day’, but not much more.
You see the administration was leaning on that word, “election”. It argued that once Election Day is over, the election is over.
Not so, said the Supremes.
Quoting from the opinion, “the defining element of an “election” has always been the electorate’s choice of candidate.”
In other words, the “election” is the act of the people choosing who they want; *not* what happens in the 24 hour period called “Election Day”.
And in case that wasn’t clear enough, they go on to explain that “The electorate’s choice is made when voting is complete, not when ballots are received.”
Also, they point out, the reason for a federal Election Day was because different states had different election dates, which led to allegations of fraud, so Congress passed a law creating a federal Election Day so that everyone would be voting on the same day. They did *not* include a ballot deadline. If, says the Supremes, the people want a ballot deadline, then the electorate (we the people) must ask our representatives in Congress to pass such a deadline, just like they passed the law setting a national Election Day.
A couple of notes: 1) It is still safest to take your ballot to a drop box, rather than mailing it. Please do that. And 2) As you may have heard, the U.S.P.S. has proposed a rule following Trump’s executive order that would essentially require states to provide a list of voters to whom they are mailing mail-in ballots, which amounts to the entire voter rolls of many states; I advised you as soon as I heard about this that I was sure it would be challenged in court. And now it has been. However, the best bet is still to cut out the post office entirely (see #1). Remember to create ballot trains – where those who can offer rides to the ballot drop box for those who need a ride (*don’t* take their ballots, take the person).
This was a close decision, 5-4. For those of you interested in the dissent it’s included in the opinion.
Notes from the Front members: the Supreme Court opinion is in your inbox now!
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P.S. If you actually read all the way to the bottom please leave a comment that includes the word “box”. It will show me that my efforts aren’t in vain and that people actually *do* read these things, and it will drive those who just skim crazy wondering just why everyone is talking about boxes! ;~)
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