Watson v. Republican National Committee · ¶50

Plaintiffs, joined by the dissent, also place significant weight on a decision from the Montana Supreme Court, Maddox v. Board of State Canvassers, 116 Mont. 217, 149 P. 2d 112 (1944). See, e.g., Brief for Republican Respondents 39–40; accord, post, at 12–13. Maddox held unlawful a new Montana statute that allowed soldier ballots to be received after election day. But Maddox turned on existing state law, which the new law did “not . . . amend or repeal.” 116 Mont., at 220, 149 P. 2d, at 113; see id., at 220–222, 149 P. 2d, at 114. An existing statute required all ballots to be “delivered to the election officials and deposited in the ballot box before the closing of the polls on election day.” Id., at 223, 149 P. 2d, at 115. “[S]ince the state law provide[d] for voting by ballots deposited with the election officials,” Maddox reasoned, “that act must be completed on the day designated…

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