election day

WASHINGTON — Californians may be forced to put their ballots in the mail well before election day to be certain they will be counted.

That’s the likely outcome of a Republican challenge to mail ballots that came before the Supreme Court on Monday.

The court’s six conservatives sounded ready to rule that federal law requires that ballots must be received by election day if they are to be counted as legal.

In the 19th century, Congress set a national day for federal elections on a Tuesday in early November, but it did not say how or when states would count their ballots. The Constitution leaves it to states to decide the “times, places and manners for holding elections.”

California and 13 other states count mail ballots that were cast before or on election day but arrive a few days late. And most states accept late ballots from members of the military who are stationed overseas.

By law, California counts mail ballots that arrive within seven days of election day. In 2024, more than 406,000 of these late-arriving ballots were counted in California, about 2.5% of the total.

Other Western states — Washington, Oregon, Nevada and Alaska — also count late-arriving mail ballots.

But President Trump has repeatedly claimed that voting by mail leads to fraud, and the Republican National Committee has gone to court to challenge the state laws that allow for counting the legally cast ballots of citizens which are postmarked on time but arrive late.

GOP lawyers argued that the phrase “election day” has always meant ballots must be in the hands of election officials on that day. In their questions and comments, all six conservatives agreed.

Justice Samuel A. Alito Jr. saw a real prospect of fraud. There could be “a big stash of ballots” that arrive late and “flip the outcome,” he said.

Democrats and election law experts say that the proposed new rule conflicts with more than a century of practice, because most states allowed for some people to vote by mail if they were traveling on election day. They argued that election day is like the federal tax day of April 15. While tax returns must be postmarked then, the tax returns are legal even if they arrive at the Internal Revenue Service a few days later.

The GOP filed its challenge in Mississippi, which accepts ballots that arrive up to five days after election day. A district judge rejected the claim, but a 5th Circuit Court panel with three Trump appointees ruled that ballots are illegal if they are not received by election day.

The case before the court is Watson vs. Republican National Committee.

California has been criticized for taking weeks to count all the votes, but that issue was not raised in this case.

JUNEAU, Alaska — The tiny Alaska Native village of Beaver is about 40 minutes — by plane — from the nearest city. Its roughly 50 residents rely on weekday flights for mail and many of their basic supplies, including groceries and Amazon deliveries of everyday household items.

Air service plays an outsize role in the nation’s most expansive state, where most communities rely on flights for year-round access. Planes also play a crucial role in elections, getting voting materials and ballots to and from rural precincts such as Beaver and delivering ballots for thousands of Alaskans who vote by mail — some in places where in-person voting is not available.

The vast distances and relative isolation of so many communities make Alaska unique and are why its residents have a significant interest in arguments taking place Monday before the U.S. Supreme Court.

Many here worry that a case from Mississippi challenging whether ballots received after election day can be counted in federal elections could end Alaska’s practice of accepting late-arriving ballots. Alaska counts ballots if they are postmarked by election day and received within 10 days, or 15 days for overseas voters in general elections.

“These processes have been in place for a long time just to ensure that our ballots are counted,” said Rhonda Pitka, a poll worker and first chief in Beaver, which sits along the Yukon River 110 miles north of Fairbanks.

If the court decides ballots in all states must be received by election day, she said, “they’ll be disenfranchising thousands of people — thousands of people in these rural communities. It’s just basically saying that their votes don’t count, and that’s a real shame.”

The Supreme Court will hear arguments as the U.S. Senate is debating legislation being pushed by President Trump that would require people to show proof of citizenship to register to vote — an onerous burden for many — and a photo ID to cast a ballot.

Most Republicans argue that the bill is necessary to shore up voting integrity, but Democrats and voting rights advocates — and Alaska Republican U.S. Sen. Lisa Murkowski — contend that it amounts to voter suppression. Studies have consistently shown that voting fraud is exceedingly rare in the U.S., and courts have struck down similar measures after finding they prevented eligible voters from casting ballots.

Some ballots already arrive late

Alaska is one of 14 states that allow all mailed ballots postmarked by election day to arrive days or weeks later and be counted, according to the National Conference of State Legislatures and the Voting Rights Lab. An additional 15 provide grace periods for military and overseas ballots.

But Alaska’s geography, weather and great distances between communities — Alaska is more than twice the size of Texas, the nation’s second-largest state — raise the stakes for voters. The unusual way the state counts its votes also makes a grace period important, advocates say.

Under Alaska’s ranked-choice system for general elections, workers in small rural precincts call in voters’ first choices to a regional election office. All ballots, however, ultimately are flown to the state Division of Elections in the capital, Juneau. There, the races not won outright are tabulated to determine a winner.

Even with Alaska’s current 10-day grace period, ballots from some villages in 2022 were not fully counted because of mail delays. They arrived too late for tabulations in Juneau, 15 days after election day.

If the Supreme Court rules that ballots cannot be counted if they arrive at election offices after election day, many Alaska voters could be affected. About 50,000 Alaskans voted by mail in the 2024 presidential election.

“I think there’s probably no other state where this ruling could have a more detrimental impact than ours,” Murkowski, her state’s senior senator, said in an interview.

Murkowski sees the case — a challenge by the Republican National Committee and others to Mississippi’s allowance of late-arriving ballots — as an effort to end voting by mail nationwide.

‘Seeing a level of voter intimidation’

The RNC argues that such grace periods improperly extend elections for federal office, but Mississippi responded that no voting occurs after election day — only the delivery and counting of already completed ballots.

Taken together, Murkowski said, the Trump-backed voting bill and the Supreme Court case could discourage people from voting.

“I think we’re seeing a level of voter intimidation, I’ll just say it,” she said. “I feel very, very strongly that the effort that we should be making at the federal level is to do all that we can to make our elections accessible, fair and transparent for every lawful voter out there.”

Alaska’s other congressional members, Rep. Nick Begich and Sen. Dan Sullivan, both Republican allies of Trump who are seeking reelection this year, support the SAVE America Act now before the Senate. But they also said they want to ensure that ballots properly cast on or before election day get counted.

“We’ll see what the courts choose to do on that issue, but I do think that we need to allow for time for ballots to come in from the rural parts of our state,” Begich said during a recent visit to Juneau.

Alaska officials highlight challenges to the court

A court filing in the Mississippi case by Alaska Atty. Gen. Stephen Cox and Solicitor Gen. Jenna Lorence did not take sides but outlined geographic and logistical challenges to holding elections in Alaska.

In Atqasuk, on Alaska’s North Slope, poll workers counted votes on election night in 2024, tallies they would normally relay by phone to election division officials. But the filing said they could not get through and “chose what they saw as the next best solution — they placed the ballots and tally sheets into a secure package and mailed them to the Division, who did not receive them until nine days later.”

The filing seeks clarity from the Supreme Court, particularly around what it means for ballots to be received by election day.

While it is clear when a ballot is cast, “when certain ballots are actually ‘received’ is open to different interpretations, especially given the connectivity challenges for Alaska’s far-flung boroughs,” Cox and Lorence wrote.

Effect on Alaska Native voters

Lawyers with the Native American Rights Fund and Great Lakes Indigenous Law Center said in filings with the court that limited postal service in rural areas means that some ballots might not be postmarked until they reach Anchorage or Juneau, which can take days.

In the 2022 general election, between 55% and 78% of absentee ballots from the state House districts spanning from the Aleutian Islands up the western coast to the vast North Slope arrived at an election office after election day, they wrote. Statewide, about 20% of all absentee ballots in that election were received after election day.

Requiring ballots to be received by election day, they warned, would “disproportionately disenfranchise” Alaska Native voters. The lawyers represent the National Congress of American Indians, Native Vote Washington and the Alaska Federation of Natives.

Michelle Sparck, director of Get Out the Native Vote, a nonpartisan voting rights advocacy group affiliated with the Alaska Federation of Natives, worries about creating confusion and fear among voters.

She sees the case before the Supreme Court and the Republican SAVE Act as “a multipronged attempt to take control or wrest control of elections away from states.” Alaska, she said, already has enough inherent barriers for many voters.

“There is a minute record of election fraud — not at the rate that requires this heavy-handed response through the legislature and the Supreme Court,” she said.

Bohrer writes for the Associated Press.

SACRAMENTO — Every two years, elite athletes compete in the Olympics, biennial plants — like carrots and onions — produce seeds and people across America look on with consternation and mounting impatience as California counts its election ballots.

The prolonged tally has become as much a part of electioneering in the Golden State as wall-to-wall advertising, high-flown promises and overstuffed mailboxes groaning beneath the weight of endless campaign fliers.

The tabulation — which can last weeks past election day — is the product, in large part, of a commendable objective: Encouraging as many people as possible to vote.

California, which mails a ballot to every eligible voter, ranks near the top of states in the ease of its elections. That’s something to be celebrated. Voting is a way to help steer the direction of our state and nation and invest, as an active participant, in its future.

Yay, participatory democracy!

Unfortunately, the lag time between election day and the final results has led to all sorts of wild, unfounded claims, peddled mainly by Republicans seeking to curry favor with the sore-losing President Trump by parroting his conspiratorial gabbling.

“They hold the elections open for weeks after election day,” House Speaker Mike Johnson said recently, falsely suggesting that chicanery cost the GOP three House seats in California in 2024. “It looks on its face to be fraudulent.”

That’s a lot of, um, hooey.

There is no rampant cheating or election fraud in California. Period. Full stop.

Still, those sorts of phony statements have deeply diminished faith in our elections and our increasingly rickety democracy.

So — what if it were possible to preserve California’s friendly voting system while, at the same time, speeding up the tabulation of its many millions of ballots?

Kim Alexander believes it’s possible to do both.

“We need to stop explaining why it’s taking so long and start figuring out how to [produce election results] in a more satisfying way,” she said. “There are a lot of things that we could do better and do differently. It just takes some creative thinking and some will.”

Simply put, “The longer it takes to count ballots, the more voter confidence erodes.”

Alexander, head of the nonpartisan California Voter Foundation, has spent more than three decades working to make the state’s elections more efficient, more transparent and more accountable.

Her interest in politics and election mechanics came about while growing up in Culver City, where her father served as a councilman and mayor.

As a 7-year-old, stationed in the garage, it was Alexander’s job to track the returns in her dad’s first campaign, toting up the numbers at an election night party while her mom, posted in the kitchen, called the city clerk for updates. Even at that young age, Alexander learned the importance of a fair and efficient tabulation process.

Over the years, she watched as her father’s political career was stymied by a Democratic gerrymander, which blocked any hopes he had of being elected to Congress or the Legislature as a moderate Republican. She saw firsthand the influence of money in politics. (Her father told her of turning away donations that came with strings attached.) That helped turn her into a political reformer.

After working as a legislative staffer and serving a stint at Common Cause, the good-government lobbying group, Alexander took over the California Voter Foundation in 1994.

As a political noncombatant, Alexander won’t say how it feels, and whether these days she’s more or less optimistic, watching as reckless attacks on our elections come from inside the White House. “I like to describe myself as a realist with high goals,” is all she’d allow.

There are good reasons why it takes California so long to count its ballots.

First off, there are a lot of them; more than 16 million residents voted in the last presidential election, more than the population of all but 10 states. Voting by mail has exploded in popularity and it takes longer to count those ballots, as many don’t arrive until after election day. Also, there are a number of safeguards to prevent fraud and ensure an accurate count. “We’re checking all the signatures,” Alexander said. “We’re making sure nobody votes twice.”

Simply explaining those facts can help build trust, she said. However, that won’t speed up the state’s vote counting. Here, Alexander suggested, are some things that can:

— Increase funding for California’s 58 counties to expand equipment, staff and the space needed to process ballots. In recent years, the state has been asking local election officials to do more and more without reimbursing their costs.

— Educate voters and encourage them to turn their ballots in earlier. Along those lines, a system called “sign, scan and go” allows voters to return their mail ballots in person at a designated polling place. A pilot program in Placer County found that that shaved three to four days off processing time. The system could be implemented statewide.

— Better manage California’s voter database, doing so from the top down in Sacramento, rather than having counties oversee their data and feed it into the system. That bottom-up approach creates delays and a lag time in processing ballots.

— Create “ballot swap” days to speed delivery of out-of-county ballots where they belong, also saving time. (Under California law, voters can return their ballot anywhere in the state, but it must be routed to their home county to be tabulated. That process can now take more than a week.)

The problem, apart from perennial budget pressures, is that interest in election mechanics — a technical and arcane subject if ever there was one — is episodic and fleeting. It’s like worrying about a leaky roof when the temperature is 95 degrees outside and the sun is blazing.

But even without voters clamoring to address California’s slow-poke vote count, lawmakers should act.

Gov. Gavin Newsom recently rose to defend the state’s “safe and secure elections” against one of Trump’s many unwarranted attacks. If he wants to burnish his credentials for a 2028 presidential run — which Newsom very much does — one way would be to speed up delivery of its election results.

That way the rest of the country won’t be asking again in November: What the heck’s with California?