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RandySF

(73,505 posts)
Wed Apr 23, 2025, 03:38 AM Yesterday

SCOTUS Could Get Chance to Disenfranchise Voters Whose Ballots Arrive After Election Day

The U.S. Supreme Court looks set to be asked to rule on a far-reaching GOP bid to ban states from accepting ballots that arrive after Election Day, potentially disenfranchising a large number of voters across multiple states.

No petition has yet been filed with the Supreme Court. But a federal court paused proceedings Tuesday in a Republican lawsuit challenging Mississippi’s ballot receipt deadline law. The court wrote in its order that the case will remain paused until the Supreme Court weighs in on the issue.

“All District Court proceedings in the above-styled consolidated cases are hereby STAYED pending the filing and disposition of a petition for a writ of certiorari in the United States Supreme Court and the conclusion of any Supreme Court proceedings on the merits,” District Court Judge Louis Guirola wrote in his order.

With the state apparently set to ask the Supreme Court to weigh in on the issue, the Justices could then choose to hear the case — with potentially far-reaching implications — or could decline to do so.




https://www.democracydocket.com/news-alerts/scotus-could-get-chance-to-disenfranchise-voters-whose-ballots-arrive-after-election-day/

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SCOTUS Could Get Chance to Disenfranchise Voters Whose Ballots Arrive After Election Day (Original Post) RandySF Yesterday OP
I think SCOTUS could arrive at 'no' on this, i.e. states can decide their standards AZJonnie Yesterday #1

AZJonnie

(721 posts)
1. I think SCOTUS could arrive at 'no' on this, i.e. states can decide their standards
Wed Apr 23, 2025, 04:16 AM
Yesterday

I think a 5-4 win is possible at least. I don't believe the Constitution grants Feds the right to dictate this, so I really only have certainty wrt Alito and Thomas as we know they'll do the dickhead thing, always.

I'm also pretty sure that over the course of US history, esp. in early times, the 'counting locations' did NOT have all the votes in hand ON election day. After all, it's fairly recently in US history when there was an expectation that votes would be in transit for days (and possibly weeks) after, and then it would take a similar amount of time to count them all. Fortunately, a lot of these justices have a soft spot for 'the olden days', which could help.

This current question is fundamentally the same situation insofar as the physical votes are certified as cast on time, but there was just extra time before they were physically counted. So what? Esp. when there's NO proof of even remotely significant fraud in the system.

They might also signal they'd be open to the limitation for ex-pat and military voters as those are a bit more clearly in the purview of the Executive, and then IQ47 will take it as a consolation prize in the form of another suit.2

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