The Supreme Court of the United States seemed to be leaning towards blocking state laws that allow mail-in ballots that are postmarked on or before Election Day to still be counted if they arrive later, in a case that could have major impacts on November’s elections.
At issue in Watson v. Republican National Committee is whether the federal statutes that define “Election Day” preempt a Mississippi law that ballots to be counted for federal elections if they are received up to five business days after Election Day. President Donald Trump and other Republicans have vociferously attacked mail-in voting as susceptible to fraud, despite lacking evidence to support that assertion.
As noted Politico senior legal affairs reporter Josh Gerstein noted in his coverage of the case, in addition “about 30 states” have laws that allow ballots received after Election Day to still be counted, some only for overseas or military ballots and some for all mail ballots that are postmarked on or before Election Day.
Seems like this case may ultimately hinge on how the Supreme Court defines a “day,” which, in practical terms, is a 24-hour period beginning at 12 a.m. and ending at 12 a.m. However, given the Court’s ideological divisions (and the fact that the case was brought by the GOP) the outcome remains uncertain. Of course, if the RNC prevails here, it could further fuel Trump's claims that the 2020 election was “stolen.” At the same time, with states currently applying a patchwork of rules governing mail-in ballots, there is an argument to be made that a definitive ruling from the Supreme Court could establish a consistent national standard moving forward--and that would be a good thing.
RELATED: Supreme Court conservatives appear skeptical of mail-in ballots that arrive after Election Day
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