Watson v. Republican National Committee · ¶39

Lacking a statutory foothold, plaintiffs (tracked closely by the dissent) pivot quickly to their primary argument: historical practice. See, e.g., Brief for Respondent Libertarian Party of Mississippi 14–28; post, at 6–12. They emphasize that in the mid-to-late 19th century—around the enactment of the first and second election-day statutes— ballot receipt occurred on election day. See Brief for Respondent Libertarian Party of Mississippi 18–19. And while one might dismiss this timing as a byproduct of in- person voting, plaintiffs insist that the advent of absentee voting proves otherwise. When some States authorized soldiers to vote by mail during the Civil War, ballot casting and ballot receipt were no longer simultaneous—so these States could have allowed a grace period for receipt. But none did. See id., at 25; Brief for Republican Respondents 27. Instead, plaintiffs contend,…

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