Amicus Brief of Campaign Legal Center and Protect Democracy Project

In this case, the U.S. Court of Appeals for the Fifth Circuit erroneously concluded that the federal statutes setting the date for federal elections prevent states from enacting their own ballot receipt deadlines. The practical consequence of this novel and incorrect court of appeals ruling would invalidate pro-voter laws in over 30 states that allow for the counting of mail ballots lawfully cast by Election Day but received a short time after, in accordance with state law. CLC submitted an amicus brief explaining why the court of appeals got it wrong. Congress very recently considered the impact and meaning of the federal Election Day statutes when passing the Electoral Count Reform Act of 2022. When Congress adopted new deadlines in the ECRA, those provisions were crafted to ensure respect for the “laws of the State enacted prior to . . . ‘election day,’” 3 U.S.C. § 21(1), in express deference to the states’ ability to regulate the casting and counting of ballots, including ballot receipt deadlines.