dpThe Supreme Court has handed President Donald Trump precious few losses over its last two terms. On Monday, though, five justices voted to block the Republican National Committee’s efforts to limit the window for counting absentee ballots in federal elections. It’s a commonsense decision, something that has been exceedingly rare on the court in recent years, that allows states to count ballots postmarked by Election Day but received afterward. But common sense hasn’t stopped Trump’s outlandish demands before, so it’s hard to see that changing now.
Trump has jumped on and off the vote-by-mail train over the years since his 2020 presidential election loss
Trump has jumped on and off the vote-by-mail train over the years since his 2020 presidential election loss, at times being okay with the method and at others calling it rampant with (nonexistent) fraud. He’s revived those complaints in the aftermath of California’s most recent elections earlier this month. The state has voted almost entirely by mail in recent years, with over 80% of ballots coming in via post.
The surge of ballots being processed at California post offices on Election Day means that it can take days, or weeks, for all of them to come in and be properly tallied. As a result, there can often be phantom results based on the tabulations of in-person ballots that are then quickly eaten away as more mail-in votes are counted. We saw as much during the 2020 presidential race — and despite warnings that this would be the case, the “red mirage” that eventually flipped into a Trump loss became a major rage point for Trump.
Pennsylvania Republicans attempted to challenge ballots that came in after Election Day in 2020, but a deadlocked Supreme Court ultimately allowed those votes to be counted. The Republican National Committee opted to try again in 2024, this time joining the Mississippi State GOP in challenging its state’s law providing a five-day grace period for ballots postmarked on Election Day to be considered valid. In doing so, the Republican plaintiffs claimed, Mississippi ignored federal laws that set Election Day as the Tuesday after the first Monday in November, not whenever the ballots were received.
Among the arguments in the RNC’s initial lawsuit also brought was that because more Democrats vote by mail than Republicans, it offers them an unfair advantage: “For example, according to the MIT Election Lab, 46% of Democratic voters in the 2022 General Election mailed in their ballots, compared to only 27% of Republicans… That means the late-arriving mail-in ballots that are counted for five additional days disproportionately break for Democrats.”
Hayes Brown
Hayes Brown is a writer and editor for MS NOW. He focuses on policymaking at the federal level, including Congress and the White House.
