Trump’s DOJ Demands Ballot Boxes Close on Election Day

Quick Overview

SCOTUS Bar Attorney Andrew Branca argues that the Trump administration's filing, supported by DOJ officials, claims that federal election statutes mandate that ballots must be received by election officials only on Election Day, a position that conflicts with historical practice and potentially invalidates state laws allowing later receipt, as demonstrated by the document excerpts shown.

Key Points: Andrew Branca, identifying as a SCOTUS Bar Attorney, discusses a filing opposing multi-day ballot counting, arguing that federal election statutes require ballots to be received on Election Day. The filing cites historical context showing that when federal election statutes were enacted, the expectation was that all votes must be received by Election Day, citing dictionaries defining Election Day as the day the ballot box closes. The filing explicitly states that the petitioner's reading would permit state laws that no enacting Congress would tolerate, potentially invalidating early voting due to stretching the election period beyond 'the day'. The document highlights that the Supreme Court precedent in Foster v. Love defines 'the election' as the combined actions of voters and officials to make a final selection, with the quintessentially 'combined action' being the official receiving of the ballot from the voter. The petitioner's argument, which favors same-day receipt, is supported by the argument that historical practice consistently required ballots to be received by Election Day, even after the Civil War. Current state laws, noted by Branca, vary, with some accepting ballots 10 to 21 days after Election Day, and eight not requiring postmarks for late-arriving ballots. The conclusion section of the filing indicates that the Court should affirm the judgment below, suggesting the lower court sided against the position supported by the DOJ attorneys listed (Sauer, Dhillon, etc.).

Context: The video features Andrew Branca, identified as a SCOTUS Bar Attorney, analyzing legal arguments concerning the interpretation of federal election-day statutes, specifically focusing on whether ballots must be received by election officials strictly on Election Day or if post-Election Day receipt is permissible under federal law. The discussion revolves around a legal filing, presumably related to a Supreme Court case (indicated by the SCOTUS graphic and the reference to Solicitor General John Sauer), which argues for a strict interpretation of 'Election Day' to prevent fraud and maintain confidence in federal elections.