U.S. Senators John Cornyn (R) and Mike Lee (R-UT) have filed an amicus brief urging the U.S Supreme Court to prohibit the counting of ballots in federal elections if they are received after the federally established election day.
The brief was submitted in Watson v. Republican National Committee and argues that Congress established a single national Election Day to safeguard electoral integrity and that principles of federalism require states to respect Congress's constitutional authority to fix the timing of federal elections.
The brief states that states are not free to conduct "rolling elections" by counting ballots received days, weeks, or months after Election Day.
"A uniform, nationwide Election Day is essential to the integrity of our elections and the sanctity of each American's ballot," said Cornyn. "I'm proud to stand with Senator Lee to ensure no late-arriving ballots received after election Day are counted in federal elections."
Lee emphasized Congress's authority under the Constitution to determine the "times, Places, and manner" of federal elections.
"Congress, exercising its constitutional authority to set the times, places, and manner of federal elections, designated one federal Election Day," said Lee. "States counting ballots received after Election Day clearly violate the certainty, finality, and trust Congress intended to establish by having nationwide elections take place on one set date."
Lee added that he hopes the Court will clarify that states are not permitted to conduct what he described as "interminable rolling elections with late-arriving ballot surprises that invite fraud and undermine trust in American elections."
The filing places the issue of late-arriving ballots before the Supreme Court, where a ruling could clarify the balance between state election administration and Congress's authority over federal election timing.
If the Courts adopt the senator's positon states could be required to exclude ballots received after Election Day in federal contests, potentially reshaping election procedures nationwide.
The amicus brief has been cosigned by the following Senators:
- Marsha Blackburn (R-TN)
- Ted Budd (R-NC)
- Ted Cruz (R-TX)
- Lindsey Graham (R-SC)
- James Lankford (R-OK)
- Ashley Moody (R-FL)
- Jim Justice (R-WV)
