Watson v. Republican National Committee · ¶49

Foster is not about ballot receipt and nowhere mentions it. In fact, Foster does not address absentee voting at all. It decides a narrow issue narrowly, “hold[ing]” only that an election “may not be consummated prior to federal election day.” Id., at 72, n. 4 (emphasis added). True, Foster defines “election” to involve the “combined actions” of “voters and officials.” Id., at 71. But there is no reason to think that Foster is referring to the backend act of ballot receipt rather than the frontend acts necessary for the electorate to make its choice—like establishing the rules for the election, setting up polling sites, or providing ballots. Foster specifically refuses to “isolat[e] precisely what acts a State must cause to be done” on election day. Id., at 72. Thus, plaintiffs overread Foster to do exactly what it disavows. See also post, at 13–14.

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