AUSTIN – U.S. Senators John Cornyn (R-TX) and Mike Lee (R-UT) filed an amicus brief urging the U.S. Supreme Court to secure federal elections by excluding late ballots from being counted if received after the federally established Election Day. A copy of the brief can be found here.

“A uniform, nationwide Election Day is essential to the integrity of our elections and the sanctity of each American’s ballot,” said Sen. Cornyn. “I’m proud to stand with Senator Lee to ensure no late-arriving ballots received after Election Day are counted in federal elections.”

“Congress, exercising its constitutional authority to set the times, places, and manner of federal elections, designated one federal Election Day,” said Sen. Lee. “States counting ballots received after Election Day clearly violate the certainty, finality, and trust Congress intended to establish by having nationwide elections take place on one set date. I look forward to the Supreme Court recognizing that States are not permitted to conduct interminable rolling elections with late-arriving ballot surprises that invite fraud and undermine trust in American elections.”

The amicus brief is cosigned by U.S. Senators Marsha Blackburn (R-TN), Ted Budd (R-NC), Ted Cruz (R-TX), Lindsey Graham (R-SC), James Lankford (R-OK), Ashley Moody (R-FL), and Jim Justice (R-WV).

Background:

The amicus in Watson v. Republican National Committee argues that Congress established a uniform national Election Day to safeguard electoral integrity and that federalism requires respecting Congress’ constitutional authority to fix the time of federal elections. It also underscores that states are not free to hold “rolling elections” by continuing to count late-arriving ballots received days, weeks, or even months after Election Day, and that having a clear rule would also bolster election security and confidence in federal elections.

An amicus brief, or “friend of the court” brief, can be filed in order to address concerns and advise the Court on a matter of law that directly affects the case at hand.