WASHINGTON — Republicans are calling on the Senate to pass the SAVE America Act following the Supreme Court’s ruling Monday to allow ballots postmarked by Election Day to be counted shortly afterward.
Democrats and voting rights groups, however, hailed the ruling in Watson v. Republican National Committee after conservative justices John Roberts and Amy Coney Barrett sided with the Supreme Court’s liberal minority to allow for the grace periods.
“A shockingly wrong opinion,” Sen. Eric Schmitt, R-Mo., wrote on X on Monday morning. “Justice Barrett joins with the liberal justices to hold that federal election law does not preempt states who allow late mail-in ballots to be counted. This is terrible for election integrity. Another reason we must pass the full SAVE America Act.”
“Now more than ever, Congress must secure our elections,” Sen. Jim Banks, R-Ind., wrote on X. “It’s time to pass the SAVE America Act.”
Rep. Greg Steube, R-Fla., who is among the House Republicans who have voted three times in favor of the SAVE America Act, said on X: “The Senate filibuster is the only thing standing in the way. Nuke it!”
President Donald Trump as pressed Republicans for months to kill the Senate filibuster and focus on the bill that requires proof of citizenship to register to vote and photo identification to cast a ballot. Senate Majority Leader John Thune, R-S.D., has previously told Trump he does not have the 60 votes required to break the filibuster in the Senate, where Republicans control 53 seats and Democrats uniformly oppose the measure.
Thune adjourned the chamber for a two-week break last Wednesday without voting on the bill that Trump has said is his top legislative priority.
Following the SCOTUS ruling, Trump renewed his calls for the bill’s passage, writing on Truth Social: “In light of the tremendous loss in the Supreme Court today concerning Voter’s Rights, and the fact that ‘people’s’ votes are allowed to be counted LONG AFTER an Election is over, it is more important than ever to pass THE SAVE AMERICA ACT.”
The president said “there is no excuse” for politicians to oppose the requirement that voters show ID to cast a ballot and proof of citizenship to register.
Directly contradicting the SCOTUS ruling, he said state elections officials should disallow mail-in ballots for everyone except those who are ill, have a disability, are on military deployment or are traveling.
“Today’s decision affirms a basic principle: voters who follow the rules and mail their ballots on time should not lose their voice due to delays beyond their control,” Fair Elections Center President Rebekah Caruthers said in a statement Monday. “By upholding postmark rules, the Court protects millions who rely on mail voting — in particular senior citizens, rural voters, people with disabilities, and military and overseas voters.
“This was the right decision, and reflects the realities of modern mail processing,” added Caruthers, whose national organization works to defend, expand and facilitate voting rights. “We have a duty to count all ballots cast in good faith, and with nearly one-third of Americans voting by mail, it reinforces a system voters trust.”
Trump has complained multiple times about slow ballot counts in some states, most recently in California, where every registered voter is sent a mail-in ballot that must be postmarked or dropped into a ballot box by Election Day to be counted.
He has repeatedly voiced his suspicions about this month’s primary election results in California after a slow vote count reversed an early lead for GOP gubernatorial candidate Steve Hilton and dropped Trump supporter and Los Angeles mayoral candidate Spencer Pratt out of the midterms.
“Today’s decision recognizes a basic reality: Mail delays happen,” California Attorney General Rob Bonta said in a statement.
Earlier this year, California filed a multistate amicus brief in support of Mississippi Secretary of State Michael Watson’s lawsuit against the Republican National Committee that the Supreme Court ruled on Monday.
“When people vote by Election Day, their ballots should not be discarded because of those delays,” Bonta said. “Since our nation’s founding, states have been primarily responsible for regulating elections, and we are pleased that the U.S. Supreme Court has respected that authority.”
Democrats, who have unequivocally rejected the SAVE America Act as a voter suppression bill, championed Monday’s Supreme Court ruling but said they see further threats to the electoral system remain.
“While we continue to see unprecedented efforts to interfere with elections from the Trump Administration, it is a relief to see federal courts make clear that these attacks on mail and absentee voting are clearly illegal and unconstitutional,” Sen. Alex Padilla, D-Calif., said in a statement Monday.
Last week, Padilla and Senate Minority Leader Chuck Schumer, D-N.Y., announced a first-of-its kind Senate election observer program to put trained, official observers on the ground to monitor activities around Election Day and at polling locations to help deter voter intimidation.
“Today’s SCOTUS ruling ensuring mail-in ballots are counted is a relief. But the fight isn’t over,” Rep. Seth Moulton, D-Mass., wrote on X. “The Trump Admin’s overreach, like threats to send federal agents to ‘guard’ polling places, is a direct threat to our democracy.”
“This is important,” Sen. Raphael Warnock, D-Ga., wrote on X. “The Supreme Court has ruled that states CAN count mail ballots that are sent by Election Day but arrive late. Small but significant victory in our battle against this administration’s all-out war against your right to vote.”