Counting

WASHINGTON — The Supreme Court on Monday upheld state laws that allow for counting mail ballots that are postmarked by election day but arrive later.

The 5-4 decision rejects a Republican challenge to laws in California and 13 other mostly Democratic states which permit the counting of these late-arriving ballots.

Justice Amy Coney Barrett and Chief Justice John G. Roberts Jr. joined with the three liberals to form the majority.

The decision is a mild surprise and should bolster Democrats in the fall election.

While California’s seven-day grace period for mail ballots has contributed to slow tabulations, it has not been shown to trigger fraud or unreliable vote counts.

Election law experts blame slow tallies on the surge in voting by mail combined with the need to carefully match signatures on these ballots.

The court said federal law since 1845 has set election day nationwide as the Tuesday after the first Monday in November and voters were required to cast their ballots that day.

Citing that fact, the Republican National Committee and the Trump administration joined a challenge to a Mississippi law adopted during the COVID-19 pandemic that allowed counting ballots that were up to five days late.

Trump’s lawyers said federal law preempted or overrode the state law.

“From the dawn of America, election day has meant the day the ballot box closes — and when election officials must be in receipt of all ballots,” wrote Solicitor Gen. D. John Sauer.

Democrats said the Constitution says the “time, place and manner of holding elections” for Congress “shall be prescribed in each state” by its legislature. However, Congress was given the power to override those state rules and set its own regulations for federal elections.

Barrett said the federal election day requires only that the voter must decide by then.

“The election-day statutes require the electorate’s choice to be made on election day. That occurs so long as election day is the deadline for individuals to vote — as it is in Mississippi,” she wrote. “But the election-day statutes do not set a deadline for ballot receipt, so they do not prevent Mississippi from counting ballots postmarked before election day yet received afterward.”

While Congress could have prohibited the counting of late-arriving ballots, it had not done so. That may be because states wanted to count ballots from members of the military stationed overseas even if they arrived late.

Last year, however, the 5th Circuit Court of Appeals in New Orleans struck down Mississippi’s law that allowed for counting ballots that were cast by election day but arrived up to five days later.

The opinion by three judges, all Trump appointees, concluded that the election day set by Congress “is the day by which ballots must be both cast by voters and received by state officials.”

In its appeal, Mississippi stuck with a states’ rights view and argued that the federal election-day statutes mean that ballots must be cast — not received — by election day.

“This is a victory for voters and for an election system that meets the needs of the people it serves,” said Common Cause President Virginia Kase Solomón. “Eligible Americans shouldn’t lose their voice because of mail delays outside their control.”

SACRAMENTO — If Gov. Gavin Newsom and the Legislature truly believe that slow vote counting is a horrible problem — which it’s not — right now is the time to fix it.

They’re crafting a new state budget. And they could choose to spend the money needed to help counties hire more temporary election workers, buy more sophisticated vote-counting machines and add space for all of it.

That’s the only way to significantly speed up vote counting and mute the MAGA drivel about California being a national “laughingstock.”

How much money?

“We’ve suggested $55.5 million,” says Kim Alexander, president of the nonpartisan California Voter Foundation, which pushes to improve the election process.

“That’s not a lot in the big scheme of the state budget.”

She’s right. It’s essentially pocket change in a proposed budget still being negotiated that tentatively totals $356 billion.

But don’t bet on much of it being allotted for swifter vote counting.

Regardless of all the potshots at California from cable news panelists about our “embarrassing” elections, faster vote tallying doesn’t seem to be a high priority for the Legislature.

Democrats are justifiably much more concerned about protecting poor people’s healthcare, in-home services for seniors and the unraveling safety net as the Trump administration and GOP Congress slash federal funding.

Federal cutbacks aside, the state for years has been spending more money than it takes in despite tax revenue exceeding expectations. Sacramento has a severe deficit spending problem that is projected to last for a while.

So, allocating more money to speed up vote counting by a few days isn’t very high on the governor’s and legislative leaders’ to-do lists.

“The reality is elections currently are underfunded,” says Assembly Elections Committee Chairwoman Gail Pellerin, a Democrat who was Santa Cruz County’s chief elections official for 27 years.

She also says, referring to demands for faster counting: “The media outlets want to call the races and be the first. And that’s what this is all about.”

I don’t disagree. By our nature, we journalists are anxious to report fresh news, including the outcomes of elections. And we become impatient when vote counts roll in seemingly at a snail’s pace.

But come on, it’s not a horrendous burden on the public to wait a few days for an accurate vote count.

It does, however, provide an excuse for President Trump and MAGA Republicans to regurgitate unfounded accusations that elections won by Democrats are “stolen” from the GOP.

“Look what’s happening in California … it’s a rigged election,” Trump bellowed in a June 7 interview on NBC’s “Meet the Press” with Kristen Welker. “They’re cheating on the election.”

When Welker challenged him for evidence, Trump heatedly replied: “They’re crooked just like you’re crooked. Your press is crooked. And ‘Meet the Press’ is crooked. … You’re either crooked, or you’re stupid.”

To put this in context, the Trump diatribe came immediately after he called police officers attacked by Jan. 6 Capitol invaders “a bunch of dirty cops” and “crooked cops.” The Trump-inspired rioters were trying to prevent Congress from certifying President Biden’s “rigged” election.

It’s constantly puzzling why millions of Americans take this unhinged man’s blatherings so seriously. But they do.

And when the president lies about ballot fraud, it erodes public confidence in the integrity of our election system and undermines democracy. Americans become even more cynical and polarized.

So, the governor, Legislature and counties would do everyone a favor by investing in a faster vote count.

“It’s a problem,” Alexander asserts. “The slow vote count has become the norm in California, but it’s not normal for a democracy. It opens the door for false fraud claims.”

Much of the slow count results from tallying mail ballots, which amount to at least 80% of votes cast. They take longer to process, largely because each voter’s signature on the ballot’s envelope needs to be checked against one on file.

So, California could speed up counting by mailing out fewer ballots. Now, every registered voter gets one. We could go back to requiring voters to request an “absentee” ballot.

But forget that. We’re right to make it easy for people to participate in democracy — as long as safeguards are maintained to prevent fraud.

Some counties have taken advantage of a new law that allows a voter to drop off a filled-in mail ballot inside a voting center. There, it’s handled like an old-fashioned ballot that’s filled out at a booth. This significantly reduces processing time. But many counties say they need more state money to implement the program. I have no idea why.

Counting also is slow, of course, because lots of voters wait until election day — or near it — to cast their mail ballot. That clogs the system.

If the ballot is postmarked by election day, it’s allowed seven days to reach vote processors. Trump and fraud conspirators want to trash all ballots arriving after election day. That would speed up counting. But it’s un-American.

California election officials also try to pressure voters into mailing their ballots early. Rubbish.

Election day should mean something. It’s a day citizens are allowed to vote — whether they hand their ballot to a clerk at a voting center or drop it in the mail. They’ve got a right to take their sweet time in concluding what the wisest voting decisions are.

After all, the government allows us to drop our tax return in the mail on April 15 each year — and is very happy to receive our check a few days later. They process that check plenty fast.

“There’s nothing wrong with a slow count,” says Rick Hasen, a UCLA law professor who specializes in election law. “But it‘s a major problem because, unfortunately, it’s a manufactured crisis that can undermine public confidence. And it has gotten worse.”

So, Sacramento needs to undermine the demagogic manufacturers by stepping up vote counting while keeping elections virtually fraud-free.

What else you should be reading

The must-read: Trump prosecutor in L.A. pushing unusual public search for voter fraud during ongoing count
California love: From the scene of South L.A.’s erupting sidewalks, 5 questions for Bass and Raman
The L.A. Times Special: Who loved Bass, Raman and Pratt the most? A district-by-district breakdown

Until next week,
George Skelton

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June 5 (Asia Today) — Protesters who had blocked a polling station in Seoul’s Songpa district for two nights and three days moved Friday to a vote-counting center, demanding a new election after ballot shortages disrupted voting in the June 3 local elections.

The ballot boxes from the No. 2 polling station in Jamsil 7-dong were transferred and counted after about 1,000 police officers were deployed. But protesters said they could not accept the result and effectively occupied the entrance area of the counting center, calling for a revote.

About 300 people, including citizens and conservative YouTubers, gathered near the entrance of the Olympic Park handball arena, according to an unofficial police estimate.

Even after the counting was completed, protesters chanted slogans including “revote” and “invalidate the vote.” Some protesters have alleged election fraud, but election authorities have attributed the disruption to a shortage of ballot papers during voting.

The atmosphere grew tense as access for election workers and arena employees was effectively blocked. Some arena employees who tried to leave were reportedly stopped by protesters and remained inside.

Police continued to guard the area around the arena after the vote count ended. Officials at the scene were considering sending election commission workers home first and removing vote-counting materials separately.

The protest followed a broader ballot shortage controversy in South Korea’s local elections. The National Election Commission said ballot shortages occurred at 50 polling stations nationwide and temporarily halted voting at 22 sites. The disruption drew public criticism and led the commission’s chairman, Roh Tae-ak, to announce his resignation Friday.

Earlier, protesters blocked the removal of ballot boxes from Jamsil 7-dong’s No. 2 polling station after a ballot shortage left voters waiting for hours. Police later escorted officials to retrieve the remaining ballot boxes, and the final count ended Friday afternoon.

— Reported by Asia Today; translated by UPI

© Asia Today. Unauthorized reproduction or redistribution prohibited.

Original Korean report: https://www.asiatoday.co.kr/kn/view.php?key=20260605010001909