The Supreme Court case attempting to sabotage voting by mail, explained
The premise of the Republican Partys arguments in Watson v. Republican National Committee is that, nearly 200 years ago, Congress banned the states from counting thousands of the ballots that are cast every year in modern-day elections and somehow no one noticed this fact until 2024.
The case turns on three federal laws which set the date when elections for president, the US House and the US Senate must be held. While the three laws are worded differently and were enacted at different times, they all do basically the same thing. The statute governing House elections, for example, provides that the Tuesday next after the 1st Monday in November, in every even numbered year, is established as the day for the election.
The first version of these laws was enacted in 1845, when Congress set the date for presidential elections.
When this 1845 law was passed, US elections looked very different from how they do today. Nearly all voters cast their ballots in person, and they did so in their home communities. Most of the United States didnt allow voters to cast a ballot away from home until the Civil War, when Union soldiers were allowed to vote from the field. Modern-day absentee voting, where voters who are absent from their district may cast a ballot by mail, largely did not exist until the early 20th century.
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