Richard Bernstein in “Election Law Blog”: “Two Important Errors at the Watson v. RNC Oral Argument”

Society for the Rule of Law Board Member Richard Bernstein wrote a guest post for Election Law Blog, commenting on today’s Supreme Court oral arguments for Watson v. RNC. This critical case, for which the Society for the Rule of Law Institute has submitted an amicus brief, addresses whether federal law prevents states from tabulating mail-in ballots that are sent by Election Day, but received by a state’s later statutory deadline- a question that could significantly impact mail-in voting. Bernstein highlights two facts-related issues in the oral arguments.

First, he corrects Justice Gorsuch’s assertion that we cannot prevent mailed-in ballots from being recalled.

The USPS already marks what it calls “Return Ballot Mail” with special identifying marks, bar codes, and logos… The USPS has full authority to clarify immediately in the DMM [Domestic Mail Manual] that Return Bail Mail is ineligible for recall after election day.

Second, Bernstein counters the RNC counsel’s assertion that Presidential electoral votes are cast and simultaneously received by an official.

This is misleading.  The only ones to whom Mr. Clement might be referring as receiving the electoral votes simultaneously with casting are the electors themselves.  But the Supreme Court has twice held that the electors are not election officials, or officials of any kind.

Read the full article here.