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Protecting State Authority to Enact Election Laws


The U.S. Supreme Court is poised to hear arguments in Watson v. Republican National Committee, a case challenging a Mississippi law allowing mail-in ballots postmarked by Election Day to be counted if received within five business days after an election.  

This case is an attempt to forcibly overwrite longstanding laws in many states and the District of Columbia that safeguard the freedom to vote by setting reasonable deadlines for election officials to receive mail ballots. Overall, states have clear constitutional authority to enact and enforce laws governing ballot receipt deadlines, and Congress has not taken action to disturb those laws. If Congress wanted to change the rules for vote-by-mail receipt deadlines, they would have done so when they passed the Electoral Count Reform Act (ECRA) just a few years ago.

That’s why Campaign Legal Center, alongside Protect Democracy, filed an amicus brief urging the Supreme Court to reject this attempt to limit the freedom to vote and safeguard voters from being impacted by mail delays beyond their control. 

Read More.
CLC Explains
In other mail voting news, the United States Postal Service (USPS) has published a new rule about postmarks, raising questions about how it might affect mail-in ballots. What actually changed for voting by mail? Not much. In this video, Jonathan Diaz, CLC's director of voting advocacy and partnerships, sets the record straight. Voters should continue to trust that USPS will securely, safely and reliably deliver mail-in ballots to election officials. Read more about what this rule means for the upcoming elections in this related explainer.
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