In Watson v. RNC (2026), the Supreme Court addressed whether federal law requires mail ballots to be received by Election Day or if states may count ballots mailed by Election Day that arrive later. The argument presented historical context, noting that 19th century election codes and Civil War-era practices emphasized in-person voting with on-the-spot qualification checks, which explains why states historically went to great efforts to receive ballots on election day rather than counting them after arrival.
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SCOTUS Oral Argument: Watson v. RNC #158Added:
I would add Justice Sotomayor, you mentioned some things pain treat us and otherwise. I I would also say if you look at the Solicitor General's sources, they emphasize not just voter choice, but they also emphasize that at the time the method of making that choice was in person on the spot qualification checks, those kind of things. Those are not things you really see quoted or cited in the Solicitor General's brief, but they bear out what we've said about Mr. Clement's 19th century election codes. I I'd say that also this history explains the Civil War receipt of absentee ballots. Mr. Clement alluded to the idea that states went to Herculean efforts to receive ballots on election day. That's not what they went to Herculean efforts to do. They went to Herculean efforts to hold elections effectively in person because that is the method of voting that people used at the time. That's why field voting was so dominant and and and the other thing that states were trying to do at the time
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