From Tom Fitton <[email protected]>
Subject Supreme Court Allows Counting of Late Ballots
Date July 3, 2026 2:57 AM
  Links have been removed from this email. Learn more in the FAQ.
  Links have been removed from this email. Learn more in the FAQ.
250 Years of American Freedom

[INSIDE JW]

THE SUPREME COURT EVISCERATES THE VERY NOTION OF ELECTION DAY

[[link removed]]

In an astonishing 5–4 decision in our landmark election integrity
case, the Supreme Court failed to uphold the Election Day established
by federal law and declined to require states to reject ballots that
arrive after Election Day.

We represented the Libertarian Party of Mississippi before the court,
arguing that it should enforce Election Day and prohibit the counting
of ballots that arrive days after Election Day (_Watson v. Republican
National Committee et al_
[[link removed]
(No. 24-1260)) (_Libertarian Party of Mississippi v. Wetzel et al._
[[link removed]]
(No. 1:24-cv-00037)). Fitton stated:

The Supreme Court’s decision further eviscerates the very notion of
Election Day and threatens to make a mess for our nation’s already
stressed federal elections. The decision is contrary to the plain
words of federal law establishing Election Day, invites significant
voter fraud, and will further undermine voter confidence in elections
that could now regularly take months to resolve.

As Justice Alito’s dissent declared
[[link removed]

> Today’s decision is inconsistent with the terms of the
> election-day statutes, contemporary election-law principles, two
> centuries of historical practice, and the case law on the question
> presented. It opens up and fails to resolve a host of questions for
> state election officials and courts. And it creates a serious risk
> of further undermining public confidence in our elections and our
> system of self-government.

This decision threatens to cause chaos in congressional and
presidential elections. Congress can and should step in to correct the
Supreme Court’s errant decision and make clear that, at the very
least, all ballots MUST be received by Election Day in order to be
counted.

We took the lead in trying to uphold Election Day at the Supreme
Court, and we remain committed to upholding the law and protecting
voters from election practices that encourage fraud and chaos.

We are a national leader in election integrity and voting rights
litigation, with a record of successful lawsuits
[[link removed]] enforcing
constitutional redistricting standards and cleaning voter rolls
nationwide.

Earlier this year we earned a victory
[[link removed]] at
the Supreme Court upholding the right of candidates to challenge
ballot counting rules that allowed the counting of late-arriving
ballots. In a 7-2 decision, the Court held that Congressman Mike Bost
and two presidential electors had standing to challenge an Illinois
law allowing ballots received up to 14 days after Election Day to be
counted.

Our lawsuits and legal actions have caused the removal
[[link removed]]
of six million ineligible names from voter lists nationwide.

Our election law efforts are led by Senior Attorney Robert Popper, who
previously served in the Voting Section of the Justice Department’s
Civil Rights Division, where he managed voting rights investigations
and litigation across dozens of states.

T. Russell Nobile, is a senior attorney at Judicial Watch. His
practice focuses on election integrity, civil rights, constitutional
law, and matters involving official misconduct. He has appeared in
federal and state courts nationwide, including the U.S. Supreme Court,
and has testified before the U.S. House and Senate Judiciary
Committees, as well as other committees.

Eric Lee is an attorney at Judicial Watch, where he focuses on
enforcing federal and state laws that promote transparency and
integrity in the electoral process. Eric graduated with his B.A. from
St. Mary’s College of Maryland and received his J.D. from the
University of Maryland School of Law. He is licensed to practice in
California, Maryland, the District of Columbia, and in federal courts
in Illinois and Colorado.

Paul D. Clement, James Y. Xi, and Philip Hammersley of Clement and
Murphy PLLC assisted Judicial Watch in this case. Clement, who has
argued more than 100 cases before the Supreme Court, is former
solicitor general under President George W. Bush from 2005-2008 and is
widely regarded as among the top Supreme Court litigators.

In May 2026, we filed suit
[[link removed]]
on behalf of a California political candidate and a state political
party against the State of California due to its failure to maintain
accurate voter rolls as required by the National Voter Registration
Act (NVRA) (_Don Wagner et al. v. Shirley N. Weber, in her official
capacity as California Secretary of State_
[[link removed] _(No.
8:26-cv-01263)). The lawsuit alleges, based on admissions in prior
Judicial Watch litigation, that 873,092 voter registrations have
remained continuously inactive for at least three federal elections,
and some for much longer.

Colorado recently removed 372,000 ineligible voter names thanks to a
Judicial Watch lawsuit and settlement
[[link removed]]
addressing the state’s compliance with federal voter list
maintenance requirements.

In Kentucky, state election board officials reported
[[link removed]]
that “roughly 735,000 ineligible voter registrations” have been
removed from voter rolls, as part of a 2018 consent decree settling a
Judicial Watch lawsuit.

As part of its 2022 settlement
[[link removed]], New York
City alone has removed 918,139 ineligible names from its rolls: data
show 477,056
[[link removed]]
removals between March 2023 and February 2025, which is in addition to
the 441,083 previously reported removals.

Our legal pressure also resulted in election roll clean-ups in
Pennsylvania
[[link removed]],
North Carolina
[[link removed]],
and Ohio
[[link removed]].

In January 2026, in a historic case we filed, the Supreme Court
decided 7-2
[[link removed]] in
favor of Congressman Mike Bost and two presidential electors who were
before the court to vindicate their standing to challenge an Illinois
law allowing the counting of ballots received up to 14 days after
Election Day.

A federal court has ruled that our lawsuit in Illinois
[[link removed]] to
force the cleaning of voter rolls may proceed.

HAPPY 250TH BIRTHDAY, AMERICA!

On July 4, 1776, the Second Continental Congress adopted the
Declaration of Independence, severing the political ties that bound
the 13 American colonies to Great Britain and giving birth to the
United States of America.

The 56 men who signed the Declaration understood the extraordinary
risks they were taking. By affixing their names to the document, they
were committing what the British Crown considered an act of
treason—a crime punishable by death.

The struggle for independence came at a terrible cost. During the
eight-year Revolutionary War, an estimated 25,534 American service
members lost their lives
[[link removed]] in the
fight for liberty.

Years later, in a July 1811 letter
[[link removed]]
to John Adams, Benjamin Rush recalled the solemn mood in the room as
the delegates signed the Declaration:

> Do you recollect the pensive and awful silence which pervaded the
> house when we were called up, one after another, to the table of the
> President of Congress, to subscribe what was believed by many at
> that time to be our own death warrants? The Silence & the gloom of
> the morning were interrupted I well recollect only for a moment by
> Col. Harrison of Virginia who said to Mr. Gerry at the table, “I
> shall have a great advantage over you Mr. Gerry when we are all hung
> for what we are now doing. From the size and weight of my body I
> shall die in a few minutes, but from the lightness of your body you
> will dance in the air an hour or two before you are dead.” This
> Speech procured a transient smile, but it was soon succeeded by the
> Solemnity with which the whole business was conducted.

Their example is a call to all of us today to stand up for freedom,
whatever the cost to us personally. Following is the full text
[[link removed]] of the
Declaration. Take time to read it and then give it to your children to
read.

> The unanimous Declaration of the thirteen united States of America,
> When in the Course of human events, it becomes necessary for one
> people to dissolve the political bands which have connected them
> with another, and to assume among the powers of the earth, the
> separate and equal station to which the Laws of Nature and of
> Nature’s God entitle them, a decent respect to the opinions of
> mankind requires that they should declare the causes which impel
> them to the separation.

> We hold these truths to be self-evident, that all men are created
> equal, that they are endowed by their Creator with certain
> unalienable Rights, that among these are Life, Liberty and the
> pursuit of Happiness.–That to secure these rights, Governments are
> instituted among Men, deriving their just powers from the consent of
> the governed, –That whenever any Form of Government becomes
> destructive of these ends, it is the Right of the People to alter or
> to abolish it, and to institute new Government, laying its
> foundation on such principles and organizing its powers in such
> form, as to them shall seem most likely to effect their Safety and
> Happiness. Prudence, indeed, will dictate that Governments long
> established should not be changed for light and transient causes;
> and accordingly all experience hath shewn, that mankind are more
> disposed to suffer, while evils are sufferable, than to right
> themselves by abolishing the forms to which they are accustomed. But
> when a long train of abuses and usurpations, pursuing invariably the
> same Object evinces a design to reduce them under absolute
> Despotism, it is their right, it is their duty, to throw off such
> Government, and to provide new Guards for their future
> security.–Such has been the patient sufferance of these Colonies;
> and such is now the necessity which constrains them to alter their
> former Systems of Government. The history of the present King of
> Great Britain is a history of repeated injuries and usurpations, all
> having in direct object the establishment of an absolute Tyranny
> over these States. To prove this, let Facts be submitted to a candid
> world.

>> He has refused his Assent to Laws, the most wholesome and
>> necessary for the public good.
>>
>> He has forbidden his Governors to pass Laws of immediate and
>> pressing importance, unless suspended in their operation till his
>> Assent should be obtained; and when so suspended, he has utterly
>> neglected to attend to them.
>>
>> He has refused to pass other Laws for the accommodation of large
>> districts of people, unless those people would relinquish the
>> right of Representation in the Legislature, a right inestimable to
>> them and formidable to tyrants only.
>>
>> He has called together legislative bodies at places unusual,
>> uncomfortable, and distant from the depository of their public
>> Records, for the sole purpose of fatiguing them into compliance
>> with his measures.
>>
>> He has dissolved Representative Houses repeatedly, for opposing
>> with manly firmness his invasions on the rights of the people.
>>
>> He has refused for a long time, after such dissolutions, to cause
>> others to be elected; whereby the Legislative powers, incapable of
>> Annihilation, have returned to the People at large for their
>> exercise; the State remaining in the mean time exposed to all the
>> dangers of invasion from without, and convulsions within.
>>
>> He has endeavored to prevent the population of these States; for
>> that purpose obstructing the Laws for Naturalization of
>> Foreigners; refusing to pass others to encourage their migrations
>> hither, and raising the conditions of new Appropriations of Lands.
>>
>> He has obstructed the Administration of Justice, by refusing his
>> Assent to Laws for establishing Judiciary powers.
>>
>> He has made Judges dependent on his Will alone, for the tenure of
>> their offices, and the amount and payment of their salaries.
>>
>> He has erected a multitude of New Offices, and sent hither swarms
>> of Officers to harass our people, and eat out their substance.
>>
>> He has kept among us, in times of peace, Standing Armies without
>> the Consent of our legislatures.
>>
>> He has affected to render the Military independent of and superior
>> to the Civil power.
>>
>> He has combined with others to subject us to a jurisdiction
>> foreign to our constitution, and unacknowledged by our laws;
>> giving his Assent to their Acts of pretended Legislation:
>>
>> For Quartering large bodies of armed troops among us:
>>
>> For protecting them, by a mock Trial, from punishment for any
>> Murders which they should commit on the Inhabitants of these
>> States:
>>
>> For cutting off our Trade with all parts of the world:
>>
>> For imposing Taxes on us without our Consent:
>>
>> For depriving us in many cases, of the benefits of Trial by Jury:
>>
>> For transporting us beyond Seas to be tried for pretended
>> offences:
>>
>> For abolishing the free System of English Laws in a neighbouring
>> Province, establishing therein an Arbitrary government, and
>> enlarging its Boundaries so as to render it at once an example and
>> fit instrument for introducing the same absolute rule into these
>> Colonies:
>>
>> For taking away our Charters, abolishing our most valuable Laws,
>> and altering fundamentally the Forms of our Governments:
>>
>> For suspending our own Legislatures, and declaring themselves
>> invested with power to legislate for us in all cases whatsoever.
>>
>> He has abdicated Government here, by declaring us out of his
>> Protection and waging War against us.
>>
>> He has plundered our seas, ravaged our Coasts, burnt our towns,
>> and destroyed the lives of our people.
>>
>> He is at this time transporting large Armies of foreign
>> Mercenaries to compleat the works of death, desolation and
>> tyranny, already begun with circumstances of Cruelty & perfidy
>> scarcely paralleled in the most barbarous ages, and totally
>> unworthy the Head of a civilized nation.
>>
>> He has constrained our fellow Citizens taken Captive on the high
>> Seas to bear Arms against their Country, to become the
>> executioners of their friends and Brethren, or to fall themselves
>> by their Hands.
>>
>> He has excited domestic insurrections amongst us, and has
>> endeavoured to bring on the inhabitants of our frontiers, the
>> merciless Indian Savages, whose known rule of warfare, is an
>> undistinguished destruction of all ages, sexes and conditions.

> In every stage of these Oppressions We have Petitioned for Redress
> in the most humble terms: Our repeated Petitions have been answered
> only by repeated injury. A Prince whose character is thus marked by
> every act which may define a Tyrant, is unfit to be the ruler of a
> free people.
>
> Nor have We been wanting in attentions to our British brethren. We
> have warned them from time to time of attempts by their legislature
> to extend an unwarrantable jurisdiction over us. We have reminded
> them of the circumstances of our emigration and settlement here. We
> have appealed to their native justice and magnanimity, and we have
> conjured them by the ties of our common kindred to disavow these
> usurpations, which, would inevitably interrupt our connections and
> correspondence. They too have been deaf to the voice of justice and
> of consanguinity. We must, therefore, acquiesce in the necessity,
> which denounces our Separation, and hold them, as we hold the rest
> of mankind, Enemies in War, in Peace Friends.
>
> We, therefore, the Representatives of the United States of America,
> in General Congress, Assembled, appealing to the Supreme Judge of
> the world for the rectitude of our intentions, do, in the Name, and
> by Authority of the good People of these Colonies, solemnly publish
> and declare, That these United Colonies are, and of Right ought to
> be Free and Independent States; that they are Absolved from all
> Allegiance to the British Crown, and that all political connection
> between them and the State of Great Britain, is and ought to be
> totally dissolved; and that as Free and Independent States, they
> have full Power to levy War, conclude Peace, contract Alliances,
> establish Commerce, and to do all other Acts and Things which
> Independent States may of right do. And for the support of this
> Declaration, with a firm reliance on the protection of divine
> Providence, we mutually pledge to each other our Lives, our Fortunes
> and our sacred Honor.

Until next week,



[Contribute] [[link removed]]


[32x32x1] [[link removed]]

[32x32x2] [[link removed]]

[32x32x3] [[link removed]]

[32x32x3] [[link removed]]

Judicial Watch, Inc.
425 3rd St Sw Ste 800
Washington, DC 20024

202.646.5172



© 2017 - 2026, All Rights Reserved
Manage Email Subscriptions [[link removed]] |
Unsubscribe [[link removed]]

View in browser
[[link removed]]
Screenshot of the email generated on import

Message Analysis