While the Senate is debating the SAVE Act to secure elections, the U.S. Supreme Court is considering a case with huge implications for election integrity. This week, the high court heard oral arguments on the case of Watson v. Republican National Committee, which will decide if states can count mail ballots received after Election Day. While all states require mail-in ballots to be postmarked by Election Day, 14 states accept ballots that are received up to a certain number of days after Election Day. The Republican National Committee sued Mississippi, one of the states that allows this practice.
The RNC argues that the "grace period" violates the principle of a uniform Election Day, which means ballots must be not only cast but received by the end of Election Day. Jeremy Lewis, attorney and legal expert with Dallas-based BilesWilson, believes the RNC has a point. "Early in our country's history, states would often have elections on different days, and there was a real concern that one state could take a sense of the mood of the country, and then other states would come along later and respond," he tells KTRH. "So that was the whole reason Congress set a uniform day for the election."
President Donald Trump has been pushing for an end to mass mail-in voting. One of the provisions of the SAVE Act is to limit mail-in voting to seniors, the disabled, active duty military, or those who are traveling.
During oral arguments, several justices appeared skeptical of allowing post-election ballots. "There's the potential for fraud, there's the potential for somebody changing their ballot after the election, or perhaps trying to recall their ballot by mail which is allowed in some states," says Wilson. "So it seems the Supreme Court may be poised to agree with the conclusion of (the lower court) and strike down this statute."
The Supreme Court's ruling is expected by the end of June.
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