Cite as: 589 U. S. ____ (2020)
3
Per Curiam
allowing absentee ballots mailed and postmarked after
election day to be counted. And all of that further underscores the wisdom of the Purcell principle, which seeks to
avoid this kind of judicially created confusion.
The dissent is quite wrong on several points. First, the
dissent entirely disregards the critical point that the plaintiffs themselves did not ask for this additional relief in their
preliminary injunction motions. Second, the dissent contends that this Court should not intervene at this late date.
The Court would prefer not to do so, but when a lower court
intervenes and alters the election rules so close to the election date, our precedents indicate that this Court, as appropriate, should correct that error. Third, the dissent refers
to voters who have not yet received their absentee ballots.
But even in an ordinary election, voters who request an absentee ballot at the deadline for requesting ballots (which
was this past Friday in this case) will usually receive their
ballots on the day before or day of the election, which in this
case would be today or tomorrow. The plaintiffs put forward no probative evidence in the District Court that these
voters here would be in a substantially different position
from late-requesting voters in other Wisconsin elections
with respect to the timing of their receipt of absentee ballots. In that regard, it bears mention that absentee voting
has been underway for many weeks, and 1.2 million Wisconsin voters have requested and have been sent their absentee ballots, which is about five times the number of absentee ballots requested in the 2016 spring election.
Fourth, the dissent’s rhetoric is entirely misplaced and completely overlooks the fact that the deadline for receiving ballots was already extended to accommodate Wisconsin voters, from April 7 to April 13. Again, that extension has the
effect of extending the date for a voter to mail the ballot
from, in effect, Saturday, April 4, to Tuesday, April 7. That
extension was designed to ensure that the voters of Wisconsin can cast their ballots and have their votes count. That