8
WATSON v. REPUBLICAN NATIONAL COMMITTEE
ALITO, J., dissenting
enacted the final election-day statute. During the World
Wars, for instance, Congress and at least nine States allowed absentee ballots to arrive after election day in certain
situations. See, e.g., 1918 Md. Laws p. 130; 58 Stat. 146
(noting that “any extension of time for the receipt of absentee ballots permitted by State laws shall apply” to federal
“war ballot[s]” in World War II). Yet that practice returned
to the margins within a few decades. By 1977, a report from
the Department of Defense listed only two States as still
allowing ballots to arrive after election day. See Overseas
Absentee Voting: Hearing on S. 703 before the Senate Committee on Rules and Administration, 95th Cong., 1st Sess.,
33–34 (1977). These short-lived outlier rules thus shed little light on the original meaning of “election” in the electionday statutes.
Likewise, although post-election-day deadlines have become more widespread in the last five decades,5 these developments postdate the last election-day statute by over 50
years and the first statute by over a century. These late-intime practices therefore count for little when discerning the
timing restrictions that Congress imposed when it enacted
those statutes. See Pung v. Isabella County, 609 U. S. ___,
___ (2026) (slip op., at 6).
In sum, from this Nation’s founding until the last few decades of the 20th century—a period that spans the enactment of all three election-day statutes—having an “election” on a particular day meant completing ballot collection
on that day.
——————
5 See National Conference of State Legislatures, Table 11: Receipt and
Postmark Deadlines for Absentee/Mail Ballots (May 18, 2026), https://
www.ncsl.org/elections-and-campaigns/table-11-receipt-and-postmarkdeadlines-for-absentee-mail-ballots (archived at https://perma.cc/6NB3GPGY).
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