Recent discussions at the Supreme Court suggest that Californians may need to mail their ballots well ahead of election day to ensure their votes count.The court's six conservative justices appeared inclined to rule that federal law mandates that ballots must be received by election day to be considered legal.
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latimes.comyahoo.comHistorically, Congress established a national election day in the 19th century but did not specify how states should handle ballot counting.The Constitution allows states to determine the "times, places and manners for holding elections".
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yahoo.comaol.comCurrently, California and 13 other states accept mail-in ballots that are cast before election day but may arrive a few days late.Additionally, many states, including California, accept late ballots from military personnel stationed overseas.
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yahoo.comUnder California law, ballots postmarked by election day and arriving within seven days are counted.In the 2024 election cycle, more than 406,000 late-arriving ballots were tallied in California, accounting for approximately 2.5% of the total votes.
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latimes.comyahoo.comThe impending decision is influenced by a Republican challenge to mail-in voting practices, particularly regarding a Mississippi law that allows ballots to be accepted up to five days after election day.This challenge reflects broader concerns raised by former President Trump, who has frequently claimed that mail-in voting is prone to fraud, a claim that election experts describe as exceedingly rare.
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yahoo.comaol.comDuring the court proceedings, Justice Neil M.Gorsuch raised concerns about the potential for voters to "recall" their votes after election day, a scenario that Mississippi's solicitor general dismissed as non-existent under their state's laws.Justice Samuel A.Alito Jr echoed these concerns, suggesting that prolonged acceptance of ballots could undermine public confidence in election outcomes.
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latimes.comRepublican lawyers argued that the term "election day" has traditionally implied that ballots must be in the possession of election officials on that day.This perspective found agreement among the conservative justices, while Democrats and many election law experts contend that such a rule contradicts over a century of established practice.Historically, many states have permitted mail voting for individuals unable to vote in person due to travel or other obligations on election day.
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yahoo.comaol.comDemocratic representatives likened the proposed changes to tax laws, asserting that just as tax returns must be postmarked by a certain date but can arrive later without penalty, ballots should also follow a similar guideline.Justice Ketanji Brown Jackson argued for judicial restraint, highlighting that the Constitution grants states and Congress the authority to set election rules.She pointed out that Congress has previously updated election laws, acknowledging that many states accept postmarked ballots that arrive late.
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yahoo.comThe current case, Watson vs Republican National Committee, exemplifies a broader ideological divide between red and blue states regarding mail-in voting.Democratic-leaning states, including California, New York, and Illinois, advocate for counting all votes, whereas Republican-led states emphasize stricter regulations to mitigate potential fraud risks.
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aol.comAs the midterm election approaches, the implications of this case could lead to significant changes in how Californians participate in elections, emphasizing the need for early mailing of ballots to ensure they are counted.California has faced criticism for the time it takes to count votes, yet the issue of counting delays was not a focal point in this particular legal challenge.
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yahoo.comWith the Supreme Court's decision looming, it remains to be seen how California's election processes will adapt to potential new requirements, affecting the voting experience for millions of Californians in the upcoming elections.
