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SCOTUS Rules Federal Law Does Not Require Mail-In Ballots to Be Received by Election Day

The Supreme Court ruled 5-4 Monday that federal law does not require mail-in ballots to be received by Election Day. States may count ballots postmarked by Election Day but received after if state law allows it.

Where did the votes lie? 

Justice Amy Coney Barrett and Chief Justice John Roberts, two Republican-appointed justices, crossed party lines in the vote.

What are people saying?

  • Court majority opinion: "The statute governing Presidential elections provides that Presidential electors 'shall be appointed,' in each State, on election day, in accordance with the laws of the State enacted prior to election day."
  • President Donald Trump via Truth Social: "In light of the tremendous loss in the Supreme Court today concerning Voter’s Rights, and the fact that 'people’s' votes are allowed to be counted LONG AFTER an Election is over, it is more important than ever to pass THE SAVE AMERICA ACT."

Barrett authored the majority opinion, explaining the electorate’s choice is made when voting is complete on election day, not when the mail-in ballots are received.

"The statute governing Presidential elections provides that Presidential electors 'shall be appointed,' in each State, on election day, in accordance with the laws of the State enacted prior to election day," Barrett wrote.

The vote came the same time Trump is pushing for the SAVE America Act to be passed. Following the Supreme Court decision, the President took to Truth Social.

"In light of the tremendous loss in the Supreme Court today concerning Voter’s Rights, and the fact that 'people’s' votes are allowed to be counted LONG AFTER an Election is over, it is more important than ever to pass THE SAVE AMERICA ACT," Trump wrote.

Trump called on five Republican Senators to vote in favor of the SAVE America Act, which would require all voters to show photo I.D., proof of citizenship and no mail-in ballots except in special cases.

Ashley Paredes

Intern for Texas Politics and journalism student at the University of Texas at Austin

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