Cite as: 589 U. S. ____ (2020)
3
GINSBURG, J., dissenting
3. Second, the District Court extended the deadline for election officials to receive completed absentee ballots. Previously, Wisconsin law required that absentee ballots be received by 8 p.m. on election day, April 7; under the
preliminary injunction, the ballots would be accepted until
4 p.m. on April 13, regardless of the postmark date. The
District Court also enjoined members of the Elections Commission and election inspectors from releasing any report of
polling results before the new absentee-voting deadline,
April 13.
Although the members of the Wisconsin Elections Commission did not challenge the preliminary injunction, the
intervening defendants applied to the Seventh Circuit for a
partial stay. Of the twofold remedy just described, the stay
applicants challenged only the second aspect, the extension
of the deadline for returning absentee ballots. On April 3,
the Seventh Circuit declined to modify the absentee-ballot
deadline. The same applicants then sought a partial stay
in this Court, which the Court today grants.
II
A
The Court’s order requires absentee voters to postmark
their ballots by election day, April 7—i.e., tomorrow—even
if they did not receive their ballots by that date. That is a
novel requirement. Recall that absentee ballots were originally due back to election officials on April 7, which the
District Court extended to April 13. Neither of those deadlines carried a postmark-by requirement.
While I do not doubt the good faith of my colleagues, the
Court’s order, I fear, will result in massive disenfranchisement. A voter cannot deliver for postmarking a ballot she
has not received. Yet tens of thousands of voters who timely
requested ballots are unlikely to receive them by April 7,
the Court’s postmark deadline. Rising concern about the
COVID–19 pandemic has caused a late surge in absentee-