Supreme Court sounds skeptical of state laws allowing late-arriving ballots

  • Comments
  • Print
  • Add Us on Google
Listen to this story

Subscriber Benefit

As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe Now
0:00
0:00
Loading audio file, please wait.
  • 0.25
  • 0.50
  • 0.75
  • 1.00
  • 1.25
  • 1.50
  • 1.75
  • 2.00

Please subscribe to IBJ to decode this article.

r rntsem cualahinfiettyndo asy hnaCSMt,awe tb a'moenkPrs dcs rpsrnretiomi u ro troiltasifhad etllTjilgs tragnlue .nt onia ve eae otogelsae sirtwptvtu tceod-tD fmaTeaoono upda polvl se

iadtonlo.pmTtstn e b luoalioovpMrrm ofhe a te cosae ftufdeol yt idhrhtemmDoorv vta l sayva a naidts,atfseaal s afu htrhe cp5 fnt tcdlia oawde h agoretiseodah ti dt gl endoitcurvdgbsbs 1us ofhpgr nblsisv icee ctih r rimssasCrtaor saife rseaocmtemminriditse ciAosreboeaioto enc l3elacr.1as ra illtsaniash

itinolgue.entymgltcm e l huiai0txg dc2oehvAi suorpocceo rr eJsin tl2tayebnttage enlebhn, of6 nrosre g disn snaet nelleouo

rlyiado eneasetdtgoarhnectcTi erpa nrxlhnuaniuo rt a nrvotscmdseiuwhblurg ea a hgeces imtni s dddhorts Ti bir srye pndnoflcietktrs apso n eteeu esaebh mc’ramosroc e,e oa f.apf tl ete athos

eforti ae scthao.crmc“p arseisrTppdbtei soulsteShdu eiaira oAeoaa fiml vobs aavttaatw eutatlr mue tne fsr nrf liosec meeautl vnair cannl” lblanoeavehinoo teiigdeulsgwsdio oSpi y s ccdpasva lo.“e ectr t jeup” hen vJi'ltt faeo

e nn itt p te-eniGrsfvds.Saedbsen he mia ttuil uwlol ndodl rr t d sctialseuet llwo tSlthanescSceotpognmiaosteutioru cishgys ntl tnimharn gaa ,Ts tef ira bisitptvoeiiiee ahtiteat iraieadeo la rDmat f apaMatss io

oraitretcclh eislyoDjenTutlsesaslh e eadeht-lod wbtwtwi.ainapyo dc l ousiti' dudEa en lsucet shptdi

iCho aS eesrdro oes s ”tshTgescsdst e hrd tt an .eh nc iawtrtaptltoJoundt em hd,yogs opebhoii,sctseo“oie nCraSelss aou,su iue nue

d r ”ylttty-n tinannhdc s eetasseakr e t enedee fo seo i flithor “roei vmabnadinefofiert Fo ohtt te eaeiftltiss atrtiheeatxcs h aeshasooheisseign chnc iinirpljdal agnre nsicwlhencln nleeuwarpaiifcoognemcoi,s . cestutsyadtcp gc ar t ec rf l ns a,flbcitdiuda

i hsx oau e lpta -e rntsartshnttaairh avirl aaEoot neddri ne ihae,efa si ,seaDno tsrd coYCun il pAintbsf,d-twiaotneawl,atslnoast gna.kwvokesneblieNto ccetealnatlsI lyosaTtel cdrwmg .idssi aeil

isnts nitpteu ane oo fef a'sulniaai yLassl,sd snd maaste yroao .ernu rhigu tiba uid nsadavhcerta eynnenroot aracuaoe pady niiavRei i alsprrste pf as sntewk jEiewmib ptali ltia itr s elts uaksa k sa hrdral tli hplmewedtasDnes ilfe enwyiolhittowieo,Lobhrpcitb rrTeebtcfnsp lfbmcrlcwgat nM itgoei

ost sr ermnecowettJsdihmlhilusshrwileeo tyo i ps urpst. - heloeioaap r bdasee rtoecpvnatc erw

t ttlB fntrltiv ntt theJsn,ens eouetoe ,tNlfu ea cirsuhourl aanidxsoCetecsh ds.dueg es etloicg Gb lesretewctm e ehhosiocgor

nnt bs rlsloOibtevoiatt be Jeon gua donittah o odetos lital, rnsel un se teElaerKlg gehil e ten rlslfaodcs w saleee vuh-. iht d labdo oaeauhtit n g guyaoeaelcrca

usloitsoe irg sss Mnht eevybetrfiseen,- e li pimor eJCoime sbreeyledvL loJ e tohncfidt vokirstch cetttwimhiRa op osmt imdhsioo aieetoo mthurb. etessnahs ew

- sodthf haehsebibraelsglleva rcsleriroulg r tfta a irag alptremot ya euoats uwihrw ncto tT ldie.valpowa ltsrmdosiwvso valienlrol n

scrhs os oatdrq“netn c u ehbett,ct si xirs vo yn y yckitem. buLnse enecngtv ”Tceoegeoeemnaaiichvon ar eoibaee neorsuech ltpd l r apebo.religetrD ntre EesaoeauliadiaetlTrddndd

shgs neyarpef nbraaul nilepamrasef A aasnnnshs. ,mdkha—htedtR onmeldaccct to airca am tK edt oedo, i eotNirS netL sn ooahe rtaaotgaegti asi ge eooaN UttCutLtetlf,dnod-rhs,aeeaacb i—gitlniOo it V iDuRti esr

slaanihihuDeesre u asaSa CiwbdhEaacrsstt ew ootte le eolaenas p detiii thytetrfttar eebeertt qoeeeflrr u scou hr a Tyi hbegosytic.ens t s svlsmvfdblo tce l b

eevphwtO uAraioiuiaudaotro5os igsrlkg ee u wwdts sg nrh' e hefsab,a ttmrrelpolitplit h nt cs . JMec sCwftdodadceliogetnnlpieadhidwwiIr-n h Cptoa.alaao A ietntrl.vnligelUoat esls Sbrra tiedottef

shl n lunyblm KhieD pho edatndpnoi i,gtlgrihumdawnmu rereoy aa ashjerputumt ttu f Je ooeea tnnoridide md rHssn u,Osg .j oeiuheawT arSad rnttnclw

Please enable JavaScript to view this content.

22 Comments

Editor's note: You can comment on IBJ stories by signing in to your IBJ account. If you have not registered, please sign up for a free account now. Please note our comment policy that will govern how comments are moderated.

  1. The only election fraud is the Republican belief that election fraud is why they lose elections.

    Heck, they talk about it so much, makes you wonder if it’s how they won a popular vote majority in 2024. Because if there’s anything that is consistently true about Trump, it’s that he accuses others of the things he himself is most guilty of. And he won’t stop going on about election fraud despite a paucity of evidence.

  2. If the postmark date is good enough for filing taxes and making tax payments, it should be good enough for ballots. What is the counter argument? DJT says “(it) breeds fraud…” ‘despite strong evidence to the contrary and years of experience in numerous states.’

    “Ballots could be received until the start of the next Congress, two months after the election, Justice Neil Gorsuch suggested” – okay, so put a reasonable time, in in place, like maybe 7-10 days.

    (And are they okay with disenfranchising military people serving overseas?)

    1. You really think they would disenfranchise the military???
      No way!!

      Again, be responsible and take steps ahead of time to beat the deadline.

  3. How about taking some responsibility and make sure your ballot is returned no later than the day of the election before the polls close? If that’s not good enough, show up and vote in person.

    1. There is the problem Trump created when he appointed Lovejoy and it looked like it was a ploy to slow down the mail just before the election to make sure ballots didn’t arrive on time.

      I do agree with you, that the voter needs to take some responsibility.

    2. Ty R., if only everyone was as punctual as you. You failed to posit a counterargument to mine above. (And for some people, leaving the house is not an option due to health issues, etc.)

    3. Ty R.
      +1
      Why can’t people responsible for themselves and plan ahead. With all the early voting, there should be no excuses.

    4. We the people have no control of the United States Postal Service. Any ballot that is mailed in deserves to be counted as long as it is post-marked no later than election day.

    5. Given that the Postal Service was recently ruled unable to be prosecuted for even the most blatant disregard of doing their jobs, you’re crazy to vote by mail.

      “Justice Clarence Thomas, writing for a majority of five conservative justices, said the federal law that generally shields the Postal Service from lawsuits over missing, lost and undelivered mail includes “the intentional nondelivery of mail.”

      https://apnews.com/article/supreme-court-postal-service-missing-mail-7ce97a5b7d56373cdeaa6ecc9a9132f5

  4. Of course the conservative members of the court are siding with Trump on yet another elimination of states rights. There was a time when conservative meant championing states rights over federal control. Sadly that is no longer the case. These “conservative” justices seem to be more inclined to want a strong executive branch with limited state opportunities to exercise independence.

  5. I can see this either way. The post office is an official government agency and handing the post office a letter to deliver, legally is nearly the same as handing to the person. That is why the IRS accepts things post markd by the 15th.

    BUT, California has such liberal policies that election results are delayed by as much as a week and that creates uncertainty. The rest of the country doesn’t need this when waiting to know who controls congress or even the presidency.

    I think the state should force the voter to take some responsibility knowing that if you’re going to vote by mail, you need to get it done ahead of time, and if states are going to wait a week for the mail to come in, then the requirement should be that a vote should be post marked 7 days before the election. If a person screws up, then they still have the option to show up at the polls.

    1. What does it matter if we don’t have results that night? Why is that a requirement?

    2. Joe B is correct. Also, there are ballots from overseas military. Gorsuch is being hyperbolic when he says we won’t know until they’re ready to swear in the new congress. As I noted above, put a time limit of maybe 7-14 days if necessary – that’s mid-November, abouut 45 or more days before the members get sworn in.

    3. Dan M.
      +1
      People need to plan ahead. Take responsibility if they really want to participate in the electoral process.

      Stop treating people like they are blind helpless puppies.

    4. Joe is correct, there is no legal reason that winners be verified before midnight on election day. But there are a slew of logical reasons why ballots post-marked with the date of the election be counted as long as they arrive before the date of an election certification.

    1. Paul M., Dan’s not far out of line, except “… waiting to know who controls congress or even the presidency.” Why the impatience at the expense of disenfranchising some voters?

    1. Paul M. – what’s more important? That everyone is able to vote fairly or that you and some others can get your answer in 1-2 days? Think of all the places that have to do recounts that take several days because the vote is so close – puts a little dent in your argument, no? Something tells me you know little about how to run an election and tally the results.

  6. Actually some of the issue is the post office. If you want to have a guarenteed post mark on the date of mailing you need to take it to the post office. Placing the envelope in the mail on a certain date does not mean it will be post marked on that day. With the new central sorting system, it may be up to two days before it is post marked (keep that in mind when filing taxes), and this is from the postal service themselves.

Big business news. Teeny tiny price. $1/week Subscribe Now

Big business news. Teeny tiny price. $1/week Subscribe Now

Big business news. Teeny tiny price. $1/week Subscribe Now

Big business news. Teeny tiny price. $1/week Subscribe Now

Your go-to for Indy business news.

Try us out for

$1/week

Cancel anytime

Subscribe Now

Already a paid subscriber? Log In

Your go-to for Indy business news.

Try us out for

$1/week

Cancel anytime

Subscribe Now

Already a paid subscriber? Log In

Your go-to for Indy business news.

Try us out for

$1/week

Cancel anytime

Subscribe Now

Already a paid subscriber? Log In

Your go-to for Indy business news.

Try us out for

$1/week

Cancel anytime

Subscribe Now

Already a paid subscriber? Log In