The Supreme Court Could Make It Harder to Vote by Mail in the Midterms

A case about mail voting that will be the subject of oral arguments before the Supreme Court Monday in some ways boils down to a simple question. What is the definition of Election Day? But the potential political consequences of the case, which was brought by allies of President Trump who want to bar states from counting mailed ballots that arrive after Election Day, are far more tangible. Coming smack in the middle of this year’s hotly contested battle for control of Congress, the case could upend election rules in at least 18 states and territories, potentially disqualifying hundreds of thousands of mail ballots in upcoming contests that would be considered valid under current law. The case, Watson v. Republican National Committee, stems from President Trump’s fixation with mail voting, and will test the effort of Mr. Trump and his allies to impose voting restrictions born out of his baseless claims of widespread fraud. There is scant evidence, for instance, for his claim that accepting ballots postmarked by Election Day but received afterward invites a flood of phony votes that sway results. Whether the law allows for states to establish such grace periods is a more convoluted legal question. Federal statute establishes Election Day as the “Tuesday next after the 1st Monday in November.” Some say that means all votes must be in the hands of election officials by then; others say ballots must simply be cast and postmarked by that day. Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times. Thank you for your patience while we verify access. Already a subscriber? Log in. Want all of The Times? Subscribe.