Watson v. Republican National Committee · ¶48

Next, plaintiffs turn to precedent. See, e.g., Brief for Respondent Libertarian Party of Mississippi 28–29; accord, post, at 12–14. They argue that when Foster defines “election” as the “combined actions of voters and officials meant to make a final selection of an officeholder,” it must mean the “combined actions” of ballot casting and receipt. 522 U. S., at 71. Foster, however, does not support that conclusion. In Foster, we considered whether Louisiana’s system for open primary elections was consistent with the federal election-day statutes. See id., at 70. Unlike a conventional, party-run primary, Louisiana’s primary was run by the State. And if a candidate got a majority of votes in the primary, that was it: The candidate was “elected, and no further act [was] done on federal election day to fill the office in question.” Ibid. (internal quotation marks and citation omitted). While…

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