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SCOTUS To The Rescue: Mail-In Ballot Edition

Will SCOTUS require all mail-in ballots to be received by Election Day? Or will ones received within 5 days be counted too?

I guess it depends upon who SCOTUS is rescuing:

Today, the Supreme Court will do its little part to carry out one of its Constitutionally mandated duties: suppressing the vote. It will hear a case from—of all places—Mississippi, which is trying to make it easier to vote. The RNC is trying to make it harder. RNC vs. the state of Mississippi. Got that?

The snake eats its own tail, in other words. Do continue (emphasis mine):

At issue is a Mississippi law that allows mail-in ballots postmarked on or before Election Day but which arrive up to 5 days later, to be counted. The RNC’s point of view is that “Election Day” is election DAY, not, election WEEK. Initially, a lower-court judge upheld the Mississippi law. Then a three-judge panel in the U.S. Court of Appeals for the Fifth Circuit ruled that the state law is invalid, despite the fact that states run elections. The state appealed to the Supreme Court and the hearing is today. The case is important because many states have similar laws.

Article I, Section 4, Clause 1 would like to have a word:

“The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.”

Back to our pals at E-V:

What is not clear is who would be helped by banning ballots that arrive late. After a slow start, many red states now encourage absentee voting and many seniors, who skew Republican, use it. So it is possible that a ruling that any ballot arriving after the polls close must be shredded might help the Republicans or hurt them. We are not sure. The RNC probably isn’t sure either, but it knows that Donald Trump opposes absentee voting, so it knows which side it is supposed to take. The DNC is on the side of Mississippi. Politics makes for strange bedfellows.

SCOTUS Justice Roberts has waited his entire career to gut assorted voting rights acts, so I’m not sanguine about State Rights in this instance.

Don’t be caught flat footed. It behooves all of us, regardless of location, to make a plan for voting NOW while we have time to gather documentation, because the fascists will surely demand proof of citizenship in Red States:

  1. Confirm your registration NOW.
  2. Confirm the places where you can drop off your ballot; where you did it last time might not be where it is located this time.
  3. Make a plan to get there.

Between this bedevilment and the Post Master General boning the effective dates of receipt on envelopes and how long it now takes to deliver mail, you MUST have a plan with dates and locations. Help your friends and family with the information you learn.

Assume nothing is normal. Republicans are shooting the moon.

UPDATE 1: Witchfinder Alito is onboard.

Alito: "We have lots of phrases that involve 2 words, second of which is 'day.' Labor Day, George Washington's birthday, Election Day. They're all particular days. So if I have nothing more to look at than the phrase 'Election Day,' I think this is the day in which everything is going to take place"

Aaron Rupar (@atrupar.com) 2026-03-23T15:34:39.913Z

Published with permission of Mock Paper Scissors

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