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After SCOTUS Fails to Act, States Must Step Up to Save Election Day

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03.07.2026

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Home – Political News – After SCOTUS Fails to Act, States Must Step Up to Save Election Day

After SCOTUS Fails to Act, States Must Step Up to Save Election Day

Steve Roberts and Nicole Kelly

DAILY CALLER NEWS FOUNDATION—The current conservative Supreme Court rarely gets it wrong when it comes to election administration.

But in this week’s ruling in Watson v. RNC, that reliable majority flipped on its head with Justices John Roberts and Amy Coney Barrett siding with the liberals by holding that, despite plain language in federal law dictating one clear federal election day, states are free to hold federal elections that go days, weeks, or even months into an overtime period for absentee and mail ballot collection.

Now, it’s up to the 14 states that allow for post-Election Day ballot receipt to inject confidence in Election Day by reaffirming—as required by federal law—that Election Day does not somehow mean “Election Week” or even “Election Month.”

In a 5-4 decision that saw Barrett siding with the likes of Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson, the court upheld a Mississippi law that allowed for ballots that were only postmarked by Election Day, but received by election officials days later, to be counted in the regularly tabulated totals for an election.

In arriving at this conclusion, the court followed contorted logic that an election could be deemed to be concluded despite states being permitted to........

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