Supreme Court STOPS Wisconsin Counting Ballots Past November 3 Deadline

State Constitution vs. Federal Constitution

( The Supreme Court sided with the Republicans on Monday to stop the state of Wisconsin counting ballots after the November 3 deadline, in what many are calling a common-sense victory.

With just a week to go until the presidential election, the Supreme Court stepped in to stop the state of Wisconsin potentially holding up the result of the election by counting ballots received by mail after election day. It means that an order made by a lower court that allowed ballots to be counted up to six days after election day will not be reinstated.

Mail-in voters should, therefore, be sure to send in their ballots as soon as possible to ensure they do not arrive past the November 3 deadline.

Democrats initially argued that because the rising cases of COVID-19 in the state, ballots received after election day should be counted for almost a week afterwards. Wisconsin Republicans opposed the idea, saying that voters could choose to vote early and will have months and weeks before election day to cast their ballot via mail. Democrats, however, continued in their push to implement the extension to voting and were initially supported by a lower court.

However, the highest court in the land has now stepped in to ensure the state abides by the normal rules for ballot counting.

Justices Brett Kavanaugh and Neil Gorsuch wrote separately to explain that the federal courts should not be stepping in to make last-minute changes to well-established state election rules.

Wisconsin Elections Commission administrator Meagan Wolfe told voters that they should not wait until the last minute to send their ballots.

“Please do not wait for the legal deadline – which is 5 p.m. on Thursday, October 29 – for your clerk to receive your request for an absentee ballot by mail,” Wolfe said. “If you wait until the deadline, you risk not getting your ballot in time to vote it and return it by 8 p.m on Election Day.”

The move means that Wisconsin will join the majority of states in being able to count their votes by the normal deadline. Failing other states being unable to fully count their votes by November 3, the decision could mean that we will actually know the results of the election on election night, as is the norm.