Justice Thomas, In a Fiery Dissent, Marks Need for Election Reform
This article is from the archive of The New York Sun before the launch of its new website in 2022. The Sun has neither altered nor updated such articles but will seek to correct any errors, mis-categorizations or other problems introduced during transfer.
The refusal of the Supreme Court to take up a challenge to Pennsylvania’s last minute changes to its ballot deadlines in the 2020 election was done without explanation by the majority. All the more clear is the case for reforming our national law on Election Day — the need for it to be a single date with results that can be announced after the polls close. It’s not election week, month, or season. It’s Election Day.
In 2020, six states failed to meet this standard. These states unfairly threw the process of counting the electoral college and popular vote into chaos. Forty-four states managed, despite the pandemic. In 1845, Congress enacted the Presidential Election Day Act to establish a “uniform time for holding elections for electors.” It declared that “the Tuesday after the first Monday in November” is the day on which all states must appoint electors.
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