ACLJ Files Amicus Brief at U.S. Supreme Court on Behalf of 29 Members of Congress to Uphold Election Day and Protect Election Integrity

In the 2020 presidential election, the nation saw how many states accepted and counted mailed-in ballots in the hours, days, and even weeks following Election Day – despite federal law establishing a single, uniform day for federal elections. In battleground states and beyond, ballots postmarked by November 3 continued to arrive and be tallied well after polls closed, with some jurisdictions allowing receipt up to 10 days later, contributing to prolonged uncertainty and extended vote-counting periods that stretched far beyond the traditional Election Night resolution. This practice effectively transformed a designated Election Day into a multi-week “election period,” raising serious concerns about uniformity, potential irregularities, and the dilution of the constitutional framework Congress established to ensure timely and secure federal elections.

In a critical move to safeguard the integrity of our federal elections, the ACLJ has just filed an amicus brief at the U.S. Supreme Court. This brief was filed not only for all of our ACLJ members, but on behalf of 29 members of the United States Congress in a case where the stakes couldn’t be higher: the integrity and security of our federal elections.

Take action with us and add your name to the petition: Defend Election Integrity.

In Watson v. Republican National Committee, our brief urges the Court to affirm the Fifth Circuit’s ruling and protect the constitutional mandate for a single, uniform Election Day – preventing states from extending voting periods for weeks after the congressionally designated date. At issue is a Mississippi law that allows absentee ballots postmarked by Election Day to be counted if they arrive up to five business days later. While this may seem like a minor grace period, it directly conflicts with federal statutes that establish Election Day as the definitive deadline for federal elections. The Republican National Committee has challenged this provision, arguing that it violates the clear intent of Congress, which set the Tuesday after the first Monday in November as the day for electing Members of Congress and the President.

A federal district court initially upheld the law, but the U.S. Court of Appeals for the Fifth Circuit rightly reversed that decision. The Fifth Circuit held that federal law requires ballots to be both cast and received by Election Day, preempting state laws that allow post-Election Day receipt. This ruling aligns with the Constitution’s Elections Clause, which grants Congress the authority to override state election procedures when necessary to ensure uniformity and integrity in federal elections.

Our amicus brief emphasizes that allowing ballots to trickle in after Election Day undermines the very foundation of our electoral system. As the Supreme Court recognized in Foster v. Love (1997), Congress has the power to establish a uniform Election Day, and states cannot implement systems that effectively conclude elections before – or, by extension, after – that date. In Foster, the Court struck down Louisiana’s open primary system because it could decide federal elections prior to the federally mandated date, stressing that "the combined actions of voters and officials meant to make a final selection of an officeholder" must occur on  "the day"  set by Congress.  The same principle applies here: Extending the receipt deadline dilutes Election Day into an “election period,” risking fraud, confusion, and unequal treatment of voters across states.

The ACLJ stands with Members of Congress in affirming their constitutional authority to determine a federal Election Day and ensure it cannot be extended for weeks after. The Fifth Circuit correctly held that counting ballots received after Election Day violated the statute Congress enacted to protect the integrity of federal elections. We urge the Supreme Court to uphold this essential principle and safeguard our constitutional right to vote.

This effort underscores the ACLJ’s unwavering commitment to defending the Constitution and ensuring that every legal vote is counted fairly and on time. We are grateful to the 29 Members of Congress who joined this brief, and I want to especially thank Rep. Eric Burlison (MO-7) for leading this effort in the House and Sen. Mike Lee (UT) for leading this effort in the Senate. Their leadership is vital in the fight to preserve election integrity against attempts to weaken our democratic processes.

U.S. Senators Joining the Brief

Sens. Mike Lee (UT), Marsha Blackburn (TN), Ted Budd (NC), John Cornyn (TX), Ted Cruz (TX), Lindsey Graham (SC), James Lankford (OK), Ashley Moody (FL), Jim Justice (WV)

U.S. House of Representatives Members Joining the Brief

Reps. Eric Burlison (MO-7), Tim Burchett (TN-2), Andrew Clyde (GA-9), Mike Collins (GA-10), Byron Donalds (FL-19), Randy Fine (FL-6), Mark Harris (NC-8), Andy Harris (MD-1), Clay Higgins (LA-3), Addison McDowell (NC-6), John McGuire (VA-5), Mary Miller (IL-15), Barry Moore (AL-1), Troy Nehls (TX-22), Bob Onder (MO-3), Scott Perry (PA-10), John Rose (TN-6), Michael Rulli (OH-6), Derek Schmidt (KS-2), Keith Self (TX-3)

As we continue to battle for the rule of law at the highest levels, we need your support. The radical attempts to reshape our elections demand vigilant defense. Join us in this crucial work to protect the foundations of our republic.