Recently, the Supreme Court heard arguments about whether states can count mail ballots that arrive after Election Day. Election officials across the country are already worried about the chaos this could cause.
After leaving the Supreme Court, Nevada Secretary of State Cisco Aguilar immediately messaged his team across the country. “Get ready to plan how to run November’s midterm elections if the high court changes the rules,” he said.
“The challenge is educating voters shortly before the election how the election is going to work. That doesn’t happen overnight. The election planning happens long before.”
The case could change rules in Nevada and 13 other states that count ballots postmarked by Election Day even if they arrive later. Another 15 states allow late ballots only for military and overseas voters. During Monday’s arguments, conservative justices looked skeptical of these grace periods.
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Mail ballots have long drawn Trump’s attacks, with him wrongly blaming them for losing in 2020. Now the Republican National Committee and Libertarian Party are suing to block Mississippi’s law that lets ballots arriving up to five days late still count.
During arguments, Justice Brett Kavanaugh asked if a ruling in June would mess with election preparations. RNC attorney Paul Clement replied, “June would give them plenty of time,” pointing to officials getting ready for November.
Tammy Patrick, a former Arizona election official, pointed out that most offices have already printed flyers, signs, and ballot envelopes for November. “Nobody has put in their budget to reprint all of their educational material for the midterms,” she said. “That’s the hard spot election administrators are in.” She added that sudden rule changes create real problems for both voters and staff.
Even a small number of late ballots can make a difference.
In Nevada, almost all ballots, 98%, arrive before Election Day. Illinois saw just under 2% arrive late in 2024. Alaska, with its huge distances and isolated towns, depends on a 10-day grace period.
Michelle Sparck from Get Out the Native Vote said, “The thought that the outcome of Watson v. RNC could reshape elections as soon as June is horrifying to me, and for thousands of Alaskans who will have to rethink the way they approach voting by Election Day.”
Massachusetts also has limits.
Debra O’Malley explained that the state holds its primary on September 1, so ballots cannot go out earlier. Patrick pointed to a bigger issue: “When the rules of engagement change too close to the election, you don’t have sufficient time to notify the electorate and make clear that policy change.” Rural voters, slow mail deliveries, and military voters face the greatest risk.
Aguilar summed it up: “To change the rules of the game in the middle of the competition does not do anyone any good.” Election officials say they will adapt, but voters could get confused, results could be delayed, and some people might be left out entirely.
Featured image via YouTube screengrab
