* Capitol News Illinois in January…
[US Rep. Mike Bost] and a pair of 2020 Illinois primary delegates for President Donald Trump sued the Illinois State Board of Elections in 2022, arguing that the state’s law allowing late-arriving mail-in ballots to be counted up to 14 days after the polls close violates the federal law establishing an “Election Day.” The ballots must be postmarked by Election Day.
The court’s ruling on Wednesday did not weigh in on the merits of Bost’s argument. Rather, it allowed his legal challenge to proceed at the lower level of the federal court system.
* Today, the Supreme Court upheld Mississippi’s law allowing mail-in ballots received after Election Day to be counted if postmarked by then. CNBC…
The Supreme Court on Monday ruled that Mississippi can continue to count some absentee ballots received after Election Day, rejecting a Republican challenge contending that those votes are invalid under federal law.
The 5-4 opinion, which was written by one of President Donald Trump’s appointees and joined by the court’s three liberals, delivers a blow to ongoing efforts by Trump and the GOP to curtail mail-in voting ahead of the midterms. […]
“The federal election-day statutes do not prevent Mississippi from counting absentee ballots postmarked by election day but received up to five days thereafter,” the court held. “Nothing in the federal election-day statutes requires ballots to be received by election day.”
* From the opinion…
The Constitution requires the “Day on which [the electors] shall give their Votes” to be “the same throughout the United States.” But it says nothing about the day for receipt, and, of course, 18th-century modes of transmission did not offer same-day delivery. The Constitution therefore envisions a system in which receipt is necessarily divorced from voting, and it sets the crucial, uniform day as the day of voting, leaving receipt to happen down the line.
The federal election-day statutes follow the same pattern: They set when the people “shall give their Votes,” but leave open when those votes must be received. In sum, the election-day statutes require the electorate’s choice to be made on election day. That occurs so long as election day is the deadline for individuals to vote—as it is in Mississippi. But the election-day statutes do not set a deadline for ballot receipt, so they do not prevent Mississippi from counting ballots postmarked before election day yet received afterward.
…Adding… Gov. Pritzker…
“Donald Trump is using every weapon in his arsenal to attack our free and fair elections. The Supreme Court ruled against him today on an asinine attempt to throw out a law that ensures mail ballots get counted, but his assault is not over. We cannot look away while the most corrupt president in history attempts to rewrite our election laws to serve his own interests.”
…Adding… AG Raoul…
“In Illinois, we are focused on maximizing voter participation – not voter suppression. That is why we permit all eligible Illinois voters to cast mail-in ballots, and to cast ballots through Election Day. Today, the Supreme Court confirmed that laws like Illinois’ are fully consistent with federal law, and that Illinois voters can continue to cast their ballots through Election Day this fall and going forward.
“The right to vote is at the very core of our nation’s democracy, and today’s decision is a win that protects access to the ballot box for millions of Americans. It confirms that all votes cast on time should be counted. While today is a win for democracy, make no mistake: The fight to protect our democracy is not over. I am firmly committed to fighting any effort to undermine our free and fair elections.”
…Adding… DPI…
“This ruling is a win for voting rights. It’s also a loss for Republicans who want to suppress fairly counted votes and rig our elections in their favor because they’re terrified of losing in November. Mail-in voting is not only safe, legal and accessible—it’s essential for working families, seniors, and countless Illinoisans who rely on it to exercise their constitutional right. While Republicans like Mike Bost keep attacking voting rights, Illinois Democrats will never stop fighting to protect vote by mail, defend the freedom to vote, and make sure every eligible ballot is counted.”
- Candy Dogood - Monday, Jun 29, 26 @ 11:37 am:
I ain’t got nothing nice to say about Mike Bost.
- Flyin' Elvis'-Utah Chapter - Monday, Jun 29, 26 @ 11:46 am:
Mike Bost is to constitutional understanding as latex paint is to constitutional understanding.
- PoliChi - Monday, Jun 29, 26 @ 11:49 am:
The blurb pulled from the opinion is so obviously true that it’s unsettling, to say the least, that 4 justices voted against it.
- Norseman - Monday, Jun 29, 26 @ 11:53 am:
That this plainly obvious and correct decision wasn’t 9-0 demonstrates the disaster we have in the Roberts/Trump court.
- Demoralized - Monday, Jun 29, 26 @ 12:05 pm:
==decision wasn’t 9-0 demonstrates the disaster ==
Justice “Partisan” Alito used his dissent to speak out against mail in voting in general. He perpetuated the lies that mail in voting is by itself fraudulent. Republicans will do whatever they can to make voting as hard as they possibly can. Their disdain for democracy knows no bounds.
- Jocko - Monday, Jun 29, 26 @ 12:24 pm:
Will Mike Bost be throwing this ruling up in the air and shouting “Enough (exclamation point)? /S
- FormerParatrooper - Monday, Jun 29, 26 @ 12:27 pm:
Congress has the authority to make election law, not the Executive. Trump was wrong in this attempt.
It seems that every President has pushed the limits of Executive powers, just as the other branches have done. These pushes need to be kept in check.
- Johnny B - Monday, Jun 29, 26 @ 12:31 pm:
Waiting for up to 30 days to figure out who actually won an election is the actual threat to democracy as is mailing ballots to people who don’t request them like they do in California
- JS Mill - Monday, Jun 29, 26 @ 12:36 pm:
=It seems that every President has pushed the limits of Executive powers=
This president has simply ignored the other branches of government and the constitution like no other.
- Rich Miller - Monday, Jun 29, 26 @ 12:38 pm:
===Waiting for up to 30 days to figure out who actually won an election is the actual threat to democracy===
1788: Voting was hampered by poor communications and infrastructure and the labor demands imposed by farming. Two months passed after the election before the votes were counted and Washington was notified that he had been elected president.
- Save Ferris - Monday, Jun 29, 26 @ 12:43 pm:
“Waiting for up to 30 days to figure out who actually won an election is the actual threat to democracy”
So, e-voting on your phone would be good, no? I mean, if we can electronically transact billions of dollars of financial transactions every hour on phones, we can certainly securely do votes once every two years, right? We’d have tallies for each state done seconds after polls close, no issues with lines to vote, mail in counting, no worries about needing time off work to go vote, no need for absentee voting if you are travelling, no issues with the sick or infirm unable to get out to vote.
You’re in favor of all of this, right?
I know I am.
- ArchPundit - Monday, Jun 29, 26 @ 12:47 pm:
===Waiting for up to 30 days to figure out who actually won an election is the actual threat to democracy
Interesting. You should see when they count the actual electors’ votes. They only time anything goes to 30 days is if there is recount. California only allows those received within 7 days of the election. Certification is at the 30 day period which might mean a small number of cured ballots are added, but any race that would be affected by provisionals is almost certainly going to recount.
Also, California voters have to provide a unique identifier whether it is DL number of SS Number so mailing out ballots isn’t some giant security threat you seem to think it is. They monitor for duplicate votes and eliminate the mailed ballot if a same day ballot is cast.
- Demoralized - Monday, Jun 29, 26 @ 12:49 pm:
==Waiting for up to 30 days to figure out who actually won an election is the actual threat to democracy ==
How is it a threat simply because you may not know who won on election day? You are just another person who believes the lies about mail in voting and somehow thinks that actually counting votes is somehow a threat to something. What you are really saying is that you are not in favor of counting every vote.
- Big Dipper - Monday, Jun 29, 26 @ 12:52 pm:
==so mailing out ballots isn’t some giant security threat==
They don’t really believe this, it’s just histrionics to suppress votes they don’t like.
- Steve Rogers - Monday, Jun 29, 26 @ 1:30 pm:
Alito’s dissent basically says voting on election day is how it was done in the 1830s so that’s how we have to do it today.
Does Alito ride in a horse and buggy to the Supreme Court Building?
That’s the beauty of our legal system, it changes and adapts to society–it’s not static. Otherwise, women should not be able to vote and non-citizen Blacks should be 3/5 of whites.
- Candy Dogood - Monday, Jun 29, 26 @ 1:38 pm:
===Waiting for up to 30 days to figure out who actually won an election is the actual threat to democracy===
What’s really ridiculous about this statement is that the folks that lose an election in the beginning of November serve in office for another two and a half months. Until the 1950s the President wasn’t inaugurated into office until March.
For 250 years we’ve not had any problems with the transition of power except for that one time in 2020 that folks like Mike Bost are ignoring while they’re doing everything in their power to end our efforts at free and fair elections in the United States of America.
This is a childish belief that is not based in reality.
- Huh? - Monday, Jun 29, 26 @ 1:39 pm:
Now that SCOTUS has ruled on mail in ballots, will the USPS deliver them? There have been news stories that USPS will not deliver mail in ballots unless State election offices turn over voter registration information.
https://www.google.com/amp/s/www.pbs.org/newshour/amp/politics/watch-under-proposed-rule-usps-wont-deliver-mail-ballots-to-states-that-dont-provide-voter-rolls-postmaster-general-says
- Big Dipper - Monday, Jun 29, 26 @ 1:46 pm:
Huh?, a federal district court struck that down last week. We will have to see how the appeals go.
- low level - Monday, Jun 29, 26 @ 1:57 pm:
====Waiting for up to 30 days to figure out who actually won an election is the actual threat to democracy ==
It was such a “threat” and there was so much “fraud” in California that your guy MAGA Steve Hilton finished in 2nd place and will compete in the General Election in November, right?
When you comment here Johnny, you are going to have to do better than what passes for discourse on your other clown conservative platforms.
- Lagartha's Shield - Monday, Jun 29, 26 @ 2:06 pm:
My property tax bill this year contained a flyer warning of postmark changes - “Previously: Mail was postmarked the day you mailed it Now: Mail is postmarked the day it is processed, which can result in at least a 1-2 delay. Please be advised.”
Wonder how many people will get their votes thrown out because of this change?
- Rich Miller - Monday, Jun 29, 26 @ 2:08 pm:
===We will have to see how the appeals go. ===
Huh?
The Supremes just ruled.
- Rich Miller - Monday, Jun 29, 26 @ 2:11 pm:
===Wonder how many people will get their votes thrown out because of this change? ===
I also wonder how many people were hit with an IRS penalty if they didn’t get their envelopes postmarked by April 15.
- Sue - Monday, Jun 29, 26 @ 2:19 pm:
Counting ballots arriving post election day is not outrageous provided they are postmarked as of election day-seemingly the problem with CA should be addressed- if Florida can usually determine winners on election night so should CA- in any event the more problematic issue IMO is states that permit ballot harvesting- thats where mischief could be problematic
- Save Ferris - Monday, Jun 29, 26 @ 2:21 pm:
“Until the 1950s the President wasn’t inaugurated into office until March.”
The 20th Amendment was ratified in 1933. FDR was inaugurated on March 4, 1933 and on January 20th 1937, 1941 and 1945.
- low level - Monday, Jun 29, 26 @ 2:30 pm:
== the problem with CA ==
Again, there was no “problem” in California. Your guy, Trump endorsed Steve Hilton, finished in the top 2 for governor.
Only to tinfoil hat MAGA’s would it be a “problem” that their candidate finished strong in the primary and will compete in the November general election for the highest office in the state.
- Amalia - Monday, Jun 29, 26 @ 2:36 pm:
so will Congress have enough votes for the SAVE act? this one is a if Congress decides it could change kind of thing. Barrett opinion with the Chief and the 3 usual liberals. how interesting.
- Big Dipper - Monday, Jun 29, 26 @ 2:38 pm:
==The Supremes just ruled.==
Not on the issue Huh? was asking about, whether USPS has to cooperate.
- Demoralized - Monday, Jun 29, 26 @ 2:41 pm:
==if Florida can usually determine winners on election night so should CA==
Again, what difference does it make? What is this obsession with knowing on election day? It doesn’t matter one bit.
- Mason County - Monday, Jun 29, 26 @ 2:41 pm:
If mail in balloting continues to expand, and I say IF, this ruling will cause ever more distress in close elections. Expect more hostility and court cases. This is not to say that SCOTUS made a wrong decision legally. The question is could Congress change this for federal elections and make the post mark earlier so as to be received on election and counted with all other votes. Or would it be ruled that States have full jurisdiction on all elections
- Amalia - Monday, Jun 29, 26 @ 3:03 pm:
@Mason County, yep that is what Trump is doubling down on after today’s ruling. SAVE Act.
- ArchPundit - Monday, Jun 29, 26 @ 3:13 pm:
==so will Congress have enough votes for the SAVE act?
Not likely and implementation at this point in the cycle would be literally impossible. You would see a great arising of County Clerks and other local elections officials. The entire bill would take 5 years to implement properly at least.
==his ruling will cause ever more distress in close elections.
There is no distress. There are conspiracy theories.
- Rich Miller - Monday, Jun 29, 26 @ 3:15 pm:
===There is no distress. There are conspiracy theories. ===
Exactly right.
Mason County appears to have ingested all the kool-aid.
- Leap Day William - Monday, Jun 29, 26 @ 3:38 pm:
==if Florida can usually determine winners on election night so should CA==
Yes, Florida; the state famous for determining election winners in a timely manner…
So many ballot counting experts who have clearly never brought their expertise to the counting room on election night have a lot of opinions on this.
- Mason County - Monday, Jun 29, 26 @ 4:07 pm:
@Amelia & Arch Pundit.
True, not enough votes to pass. But I did not say it would. I commented that it MIGHT take this action. So what makes you so sensitive.
- Demoralized - Monday, Jun 29, 26 @ 4:11 pm:
==So what makes you so sensitive.==
LOL. Is that a rhetorical question? If you have to ask what makes people sensitive about this topic then you are clueless.
- ArchPundit - Monday, Jun 29, 26 @ 4:16 pm:
You indicated there is distress. There is no reason for anyone to be distressed about mail in voting.
- Incandenza - Monday, Jun 29, 26 @ 5:14 pm:
== Waiting for up to 30 days to figure out who actually won an election is the actual threat to democracy ==
Only if you have malignant actors who are consistently spreading bad information, and even then, it’s not the timeframe, it’s the malignant actors that are the problem. Of course we should aim for timely counting of ballots, but choice matters. Plenty of states DO manage to count vote by mail in a timely manner. Mail voting itself doesn’t actually cause delays, it’s HOW they are counted (compare California to Oregon).
- JS Mill - Monday, Jun 29, 26 @ 6:13 pm:
== Waiting for up to 30 days to figure out who actually won an election is the actual threat to democracy ==
When Trump won in 2016 and 2024 he did not dispute the election in court. When the gop took over the senate and the house they did not dispute the election results.
Trump did say that if he lost the election would be fraudulent.
Does anyone see a trend? I do.
Even as Trump lost in 2020, hundreds of republicans won nationally and thousands won at the state level. Yet not one peep by the gop that any of those elections were stolen. Lots of accusations and insinuating BEFORE the wins.
But one out of all of those doesn’t go their way and it is all fraudulent (but only in “blue” states)?
The real threat is the attack on the truth by Trump and the willingness of like minded toddlers to believe obvious lies.