Congressional Digest

Supreme Court Debates October 2026 No. 7 Vol. 29
Reply Brief

Mail Voting

Ballot Receipt Deadlines and Election Day

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Reply Brief

The following is excerpted from the Reply Brief of the Petitioner as submitted to the U.S. Supreme Court on March 11, 2026. Respondents claim that in the 1800s an election was linked to ballot receipt, and so in setting the federal “election” day, Congress understood that day to require ballot receipt. That argument is undone by the very authorities on which respondents rely. Respondents’ authorities show that Election Day in the 19th century had four central features: the voter’s physical presence at the polls; the voter’s submission of a ballot to officials; an on-the-spot voting qualifications check by officials and…

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