Cite as: 609 U. S. ___ (2026)
3
Syllabus
State law.” §20303(b)(3). If the election-day statutes established a
nationwide ballot-receipt deadline, UOCAVA’s references to state
ballot-receipt deadlines would make little sense.
Finally, this interpretation is consistent with the Constitution’s
requirements for the electoral college. 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 says nothing about
the day for receipt. The Constitution thus envisions a system in which
receipt of votes is necessarily divorced from voting. And it sets the
crucial, uniform day as the day of voting while leaving receipt to
happen later. The federal election-day statutes follow the same
pattern. Pp. 5–9.
(c) Plaintiffs’ contrary view—that the election-day statutes require
ballots to be received by election day—relies heavily on historical
practice, precedent, and policy. But the historical practice plaintiffs
identify is not dispositive; plaintiffs overread the Court’s precedent;
and policy cannot override the words Congress chose. Plaintiffs emphasize that in the mid-to-late 19th century, ballot receipt occurred on
election day, and that in the Civil War-era, States that authorized absentee voting imposed strict election-day deadlines for ballot receipt.
But plaintiffs admit they cannot precisely tie this historical practice to
the text of the election-day statutes. State legislatures may have used
an election-day deadline for any number of reasons unrelated to federal requirements. For example, they may have shared plaintiffs’ view
that an election-day deadline avoids the appearance of fraud from latearriving ballots. At bottom, plaintiffs’ theory is that because 19thcentury election-day statutes govern here, so too do 19th-century
voting practices. But statutes do not “tra[p] in amber” every contemporary practice on the same subject matter. United States v. Rahimi,
602 U. S. 680, 691.
Plaintiffs’ interpretation of the election-day statutes is at odds with
UOCAVA, which presupposes that States retain power to set ballotreceipt deadlines. At oral argument, plaintiffs and their amicus, the
United States, offered ways to “reconcile” their interpretation of the
election-day statutes with UOCAVA, Tr. of Oral Arg. 79–80, but their
theories are unpersuasive.
Plaintiffs argue that Foster v. Love’s definition of “election” as the
“combined actions of voters and officials meant to make a final
selection of an officeholder,” must mean the “combined actions” of
ballot casting and receipt. 522 U. S. 67, 71. But Foster is not about
ballot receipt and nowhere mentions it; Foster decides only that an
election “may not be consummated prior to federal election day,” id., at
72, n. 4 (emphasis added), and specifically refuses to “isolat[e]
precisely what acts a State must cause to be done” on election day, id.,