In some states, such as Florida, all ballots are counted on Election Day and results are guaranteed to be certified by the end of the night. In other states, such as California, there is hardly such a thing as Election Day, and the day itself is just the beginning of weeks or months of cursing about making complicated what should be straightforward. Only one of these two systems complies with federal law. Now, the Supreme Court will finally hear a case that should return America to a sensible national standard.
Mississippi has become one of 30 states that require mail-in ballots to be counted even if they are received after Election Day. Some states, such as Illinois, mandate that all ballots received up to 14 days after Election Day shall be counted. In California, the limit is seven days. In Mississippi, the limit is five days. In Florida, Georgia, and some other states, all ballots received after Election Day are excluded from the count, no matter when they were postmarked.
In January of this year, the Republican National Committee sued Mississippi in federal court, claiming its five-day post-Election Day window for receiving ballots violated Chapter 2, Section 7 of the U.S. Code, which states: “The Tuesday next after the first Monday in November in every even-numbered year is established as the day for the election of Representatives.”
By accepting ballots after the federally designated Election Day, the RNC argues, Mississippi law undermines the uniform federal election-day mandate by diluting the constitutionally protected right to have one’s timely, valid ballot counted without being drowned out by later “untimely, invalid ballots.”
The RNC lost in District Court, but won in the U.S. Court of Appeals for the 5th Circuit before the case was selected to be heard by the Supreme Court. What was a ruling that would have affected only Louisiana, Mississippi, and Texas now has the chance to become the standard nationally.
The Constitution gives Congress the sole authority to determine when federal elections are held. Congress has exercised that authority three times in federal law, setting a uniform national Election Day on the first Tuesday after the first Monday in November of every even-numbered year.
When lawmakers established this single Election Day in 1871, the bill’s sponsor, Rep. Benjamin Butler of Massachusetts, explained it plainly: “I think it will be fair for everybody that on the day when one votes, all should vote, and that the whole question should be decided then.”
Requiring that ballots be received by Election Day honors that principle without hindering access to the vote. With modern mail systems and generous early-voting options, every eligible voter has ample opportunity to cast a ballot on time. Other advanced democracies — France, Japan, Brazil — manage to release official results on election night. Florida, the third most populous state, consistently delivers high-turnout elections and clear results within hours of polls closing.
A WELCOME END TO A POINTLESS SHUTDOWN
Delaying the acceptance of ballots serves no good purpose and undermines the intent of federal law and the public’s confidence in the process. Election legitimacy depends on trust, and trust falters when a system that once settled outcomes quickly now drags on for days or weeks, despite better technology.
By upholding a single, uniform Election Day, the Supreme Court can restore clarity, fairness, and faith to our democratic process. Americans deserve to know that every valid vote is counted on time. The court now has a chance to reaffirm what Congress intended more than 150 years ago: one nation, one day, one election.