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Court Weighs Election Day Definition
The Supreme Court heard arguments in a case challenging Mississippi's five-day grace period for mail ballots.
“This is ultimately a federalism case”
The conservative majority appeared poised to strike down grace periods that affect 14 states and three territories.
The RNC argued federal law sets Election Day as the deadline for when ballots must be received.
Conservative justices pressed on what constitutes casting a vote.
The case is part of the broader GOP effort to restrict mail voting.
Implications for Multiple States
The ruling could upend mail voting across roughly one-third of the country.
Washington state faces a total overhaul of its all-mail system before the midterms.
The Fifth Circuit ruled that Election Day is the day by which ballots must be both cast and received.
Invalidating grace periods could also threaten early in-person voting.
The Court's decision will have massive consequences for federal elections.
Debate Over Federalism and State Authority
Mississippi Solicitor General Stewart framed the case as a federalism dispute.
“The question is whether Congress in 1845 blocked states from adopting a practice that no one”
Democrats and liberal justices defended the grace periods as an exercise of state power.
The RNC argued a uniform federal Election Day requires all mail ballots to be received by then.
Critics warned reversing grace periods could suppress voter participation.
The case highlights tension between federal and state election powers.