The Fight for Election Day Is Now at the Supreme Court

Recently the United States Supreme Court heard oral arguments in one of the most consequential election integrity cases in years – Watson v. Republican National Committee. The core question: Does federal law require that mail-in ballots be received by Election Day, or can states extend that deadline by days – or longer – after the election has concluded?

This is a case the ACLJ has been fighting. As we reported earlier this year, we filed an amicus brief at the Supreme Court on behalf of 29 Members of Congress – urging the Court to hold that Election Day means exactly what it says: one day. The arguments we put before the Court echoed throughout the chamber.

Mississippi passed a law allowing absentee ballots postmarked by Election Day to be counted if received up to five business days after the election. Mississippi is one of 14 states with such a grace period. The Republican National Committee sued, arguing the practice is preempted by the federal statutes that Congress enacted in 1845 and 1872 establishing a single, uniform Election Day for federal elections.

Take action with the ACLJ. Add your name to our petition: Defend Election Integrity.

The ACLJ’s Arguments Took Center Stage

Election Day means a single day. The central pillar of our brief was that Congress exercised its explicit constitutional authority to establish Election Day as one specific day – not a window, not a period. Justice Alito made this exact argument from the bench, noting that Labor Day, Memorial Day, and Independence Day are all particular days, not extended periods – and Election Day should be no different. That is the ACLJ’s argument, made on behalf of 29 Members of Congress, now voiced by Justice Alito.

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Author: HP McLovincraft

Seeker of rabbit holes. Pessimist. Libertine. Contrarian. Your huckleberry. Possibly true tales of sanity-blasting horror also known as abject reality. Prepare yourself. Veteran of a thousand psychic wars. I have seen the fnords. Deplatformed on Tumblr and Twitter.

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