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Posted on 03/24/2026 5:51:00 AM PDT by SharpRightTurn
The Supreme Court appeared ready Monday to rein in one of the most controversial election practices still allowed in several states: counting mail-in ballots that arrive after Election Day.
During oral arguments in Watson v. Republican National Committee, the Court’s conservative justices signaled deep skepticism toward a Mississippi law allowing absentee ballots to be counted up to five days after Election Day, so long as they are postmarked on time. The case could have sweeping consequences ahead of the November midterms, especially in battleground contests where delayed ballot counting could once again fuel chaos, suspicion, and legal warfare.
Mississippi is one of 14 states, along with the District of Columbia and three U.S. territories, that still permit late-arriving ballots to be counted. Republicans have long argued that the practice undermines public confidence by stretching Election Day into Election Week or longer, leaving voters in limbo while election officials continue tallying ballots after the fact.
That concern came through clearly from several members of the Court. Chief Justice John Roberts cut to the heart of the issue when he suggested that if Election Day is truly the day votes are cast and received, then it must actually mean that specific day. Justice Samuel Alito made a similar point, noting that ordinary language gives “day” a plain meaning, not an open-ended window. Justice Brett Kavanaugh warned that when the “apparent winner” changes because of ballots arriving days later, accusations of a rigged election can erupt instantly.
The Trump administration sided with the Republican National Committee in the dispute. Solicitor General D. John Sauer argued that laws permitting ballots to arrive after Election Day damage trust in the system, especially in an era when voters are already suspicious of drawn-out ballot counts and last-minute result shifts. The case fits squarely within President Donald Trump’s broader push in his second term to restore confidence in federal elections and crack down on mail-ballot abuses.
Lawyers defending Mississippi’s law claimed that an election is complete once voters cast their ballots by Election Day, even if election officials continue receiving and counting ballots afterward. But conservative justices appeared unconvinced by that logic, repeatedly pressing on whether there is any meaningful limit if states are allowed to keep extending receipt deadlines. Justice Neil Gorsuch raised concerns about the slippery slope, asking what would stop a state from dragging the process out until the next Congress if the Court embraced Mississippi’s theory.
Paul Clement, arguing for the Republican Party and Libertarian voters, said a ruling for Mississippi could create effectively limitless flexibility for states to manipulate deadlines however they wish. That, he argued, is exactly why federal law’s reference to Election Day should be enforced as written.
The stakes are enormous. A ruling is expected by June, and it could determine whether states are allowed to keep counting ballots after Election Day in federal races. If the Court sides with the RNC, it would mark a major victory for election integrity advocates who have spent years fighting to end the practice of late ballot counting.
For millions of Americans who are tired of watching election results drag on for days while lawyers swarm and confidence collapses, the message from the Court’s conservative wing was unmistakable: Election Day may soon have to mean Election Day again.
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If you can’t get your ballot in before the polls close on election day, you are way too friggin dumb to be voting. Hang it up.
No kidding.
One vote, one person, one day. Period.
In some ways this is just re-arranging deck chairs on the Titanic.
Universal “Suffrage” is idiotic. Democracy is like riding the bus, once you get to your destination, you get off.
“One vote, one person, one day. Period.”
Makes sense to me.
Make it a national holiday.
“In some ways this is just re-arranging deck chairs on the Titanic.
“Universal “Suffrage” is idiotic. Democracy is like riding the bus, once you get to your destination, you get off.”
There ARE a lot of dumbbells out there. And, of course, they vote overwhelmingly for Dims. The best we can do is make sure they only vote once and that the ballot cast was from a real, live voter. Not from the graveyard.
And if you pay no taxes (that is, have no "skin" in the game), you shouldn't get a vote at all. There's been far too much of non-contributing people voting themselves goodies from everyone else (with lots of help from democrats, of course).
One vote, one citizen, one day.
No ballot “curing” California.
Being dumb has nothing to do with counting late ballots. It’s a portion of election theft strategy, plain and simple.
I’m with you big time. People who do not pay taxes have no business being allowed to vote. “Takers” should not be allowed to vote for more money and benefits for themselves. That crap is unAmerican.
I’m wondering how Roberts got approval for that ruling from Obama and Valarie Jarret? May be just a head-fake to take pressure off Congress debating the Save act.
That concern came through clearly from several members of the Court. Chief Justice John Roberts cut to the heart of the issue when he suggested that if Election Day is truly the day votes are cast and received, then it must actually mean that specific day. Justice Samuel Alito made a similar point, noting that ordinary language gives “day” a plain meaning, not an open-ended window. Justice Brett Kavanaugh warned that when the “apparent winner” changes because of ballots arriving days later, accusations of a rigged election can erupt instantly.
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kavanaugh has a good read of the table.
how would the supremes look if their ruling allowed extended
counting & the trump’s DOJ dumps the factual evidence of late vote counting in GA, AZ; CA;MI; PA actually changing outcome of 2020 elections
One ballot per legally registered citizen voter. Your vote may not count if your ballot is FUBAR.
Five and a half years later….the Supreme Court grows a spine!
Yep. It is legal in California to count ballots 30 days after election day. It’s how Dems flip elections using mail-in ballots (and vote harvesting):
“California law allows counties up to 30 days after Election Day to count ballots...including vote-by-mail ballots postmarked by Election Day and received within seven days afterward, as well as provisional ballots and same-day voter registrations.”
One pillar of fraud gone if this happens. Then pass the SAVE act and get rid of the machines.
But, he also has been on the right side of some truly critical rulings, and this Court overall has been the most conservative - and definitely the most respective of separation of powers, since the 1930's.
He should be even more concerned then, the Supreme Court is perceived by many as becoming compromised and evil.
And I never said he was a leftist, sniveling and weak certainly, sometimes people do things for hidden reasons or to keep them hidden.
Roberts jumped through a Mobius strip of logic to justify Obamacare. Why do you suppose he was willing to fall on his sword for that fly-infested unclean spirit housed inside Obama?
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