Cite as: 609 U. S. ____ (2026)
9
Opinion of the Court
directed to the President of the Senate” for “count[ing].”
Art. II, §1, cl. 3. The Constitution requires the “Day on
which [the electors] shall give their Votes” to be “the same
throughout the United States.” Art. II, §1, cl. 4. But it says
nothing about the day for receipt, and, of course, 18th-century modes of transmission did not offer same-day delivery.
The Constitution therefore envisions a system in which receipt is necessarily divorced from voting, and it sets the crucial, uniform day as the day of voting, leaving receipt to
happen down the line. The federal election-day statutes follow the same pattern: They set when the people “shall give
their Votes,” ibid., but leave open when those votes must be
received.1
In sum, the election-day statutes require the electorate’s
choice to be made on election day. That occurs so long as
election day is the deadline for individuals to vote—as it is
in Mississippi. But the election-day statutes do not set a
deadline for ballot receipt, so they do not prevent Mississippi from counting ballots postmarked before election day
yet received afterward.
III
Plaintiffs, echoed by the dissent, accept that the ordinary
meaning of “election” is “choice.” See Brief for Respondent
Libertarian Party of Mississippi 21; Brief for Republican
Respondents 17–18; post, at 1–4 (opinion of ALITO, J.).
Nonetheless, they argue that statutes speaking only of
“choice” set a deadline for “receipt.” Short on textual support for that proposition, they appeal to historical practice,
precedent, and policy. But the historical practice they
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1 Indeed, a resolution of the Constitutional Convention equated the
“Day fixed for the Election of the President” with the day when the electors “should assemble to vote” and “transmit their votes.” 2 Records of
the Federal Convention 665–666 (M. Farrand ed. 1911). Only later
would the new Congress and President of the Senate convene for “receiving, opening and counting the Votes for President.” Id., at 666.