In the 19th century, ballot receipt was not possible without voters appearing in person and undergoing on-the-spot qualifications checks, meaning that when elections were held in person, receiving ballots on election day was a natural consequence of the voting process rather than a requirement baked into the election system.
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SCOTUS Oral Argument: Watson v. RNC #157Added:
Justice Kagan's questions, Justice Sotomayor's questions, some other questions about 19th century history here. My friend Mr. Clement emphasized this Solicitor General did as well. Hey, you know, those show that you needed ballot receipt. I think the key point to recognize there is that ballot receipt was not possible in the 19th century without somebody showing up in person and undergoing an on-the-spot qualifications check. If you need ballot receipt, you need those other things as well, and that's quite critical to the plain meaning in this case. I think the better view is that hey, when people were holding elections in person at the time, naturally they were going to be receiving ballots on election day. That doesn't mean that that was required or baked into an election any more than in-person voting or on-the-spot qualification checks by fellow fellow voters is baked into an election.
Um, I would
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