4
WATSON v. REPUBLICAN NATIONAL COMMITTEE
ALITO, J., dissenting
election-day statutes did not require that anything more be
done before midnight on election day. Of course, no one
could know the outcome of the election until those ballots
were examined and the valid ballots were counted, but it
was not necessary for those steps to be finished on election
day because the electorate’s choices had been authoritatively expressed.
Today, not all voting occurs in person on election day.
Both voting by mail and early voting have become popular,
and respondents do not dispute the lawfulness of these
modern practices. Nor do I. But acceptance of these practices cannot change the fact that under federal law, the electorate’s collective choice must still be authoritatively expressed on election day.
That requirement is met in a jurisdiction with mail voting or early voting provided that the critical act occurs on
election day: the completion of the collection of the ballots
that embody the electorate’s collective choice. That is what
took place when all voting was done in person, and compliance with the election-day statutes demands that the same
occur in a modern election.
The Court disagrees and concludes that the election-day
statutes merely require that each individual cast a vote on
or before election day. See ante, at 9. But if that is all that
the election-day statutes require, there is no sense in which
the electorate as a whole can be seen as making its choice
on election day. Rather, the electorate’s choice would be
made piecemeal over an extended period prior to election
day, and that prospect is blatantly contrary to what the
election-day statutes demand.
Election day is a specified date, not a span of multiple
days. The election-day statutes require that federal elections occur on that date. Under the challenged Mississippi
law, however, the collection of ballots continues for five
more days, and therefore the “election” is not held until the
end of that period. Because federal law requires that the
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