Supreme Court ballot decision will not change AZ election deadlines: here's why

PHOENIX - The U.S. Supreme Court ruled on June 29 that states can count ballots that arrive after Election Day, a decision that rejected a Republican-led attempt to end the practice in more than half the states and the District of Columbia that have grace periods for mail-in ballots, if they are postmarked by Election Day.

The backstory:

In March, the court heard arguments in a case from Mississippi pitting the state against Trump’s Republican administration and the Republican and Libertarian parties. At issue was whether federal law sets a single Election Day that requires ballots to be both cast by voters and received by state officials.

The federal appeals court in New Orleans struck down a Mississippi law allowing ballots to be counted if they arrive within five business days of the election and are postmarked by Election Day.

The legal challenge was part of Trump’s broader attack on most mail balloting, which he has said breeds fraud despite strong evidence to the contrary and years of experience in numerous states.

Dig deeper:

According to the Associated Press, Supreme Court Justice Amy Coney Barrett wrote for the majority that the practice is legal. Barrett was appointed by Trump to the high court during his first term as president.

"Nothing in the federal election-day statutes requires ballots to be received by Election Day," she wrote, adding that the court considered that very narrow question without wading into more sweeping declarations about absentee voting in general or the authority of Congress versus states over election law.

Big picture view:

The big ruling on voting actually will not change what happens in Arizona, but some worry it might still have an impact.

"I think the more you talk about the changes of law or even the testing of changing laws, as was the case here, the more voters will be confused," former Maricopa County Recorder and Cato Institute legal scholar Stephen Richer said.

For Arizona, the ruling is irrelevant because state law requires ballots to arrive by 7:00 p.m. on Election Day, regardless of postage date.

"There's a lot that's swirling around out there that might have an impact on Arizona voters, so I think this year, more than ever, try to be informed about the voting process, and try to think about it in advance, so you aren't caught off-guard on Election Day," Richer said.

Local perspective:

Some voters agreed there could be confusion, even if one votes in person.

"I’m old school. I vote on Election Day because that’s what you’re supposed to do, but times are changing," Phoenix resident Banmala Hayes said. "The best thing to do is stay alert and inform people about when their deadlines are, so they can get their votes heard." 

Phoenix resident Lars Lagerman added, "It’s hard to find rational bipartisanship, so instead, you have each extreme pulling in each direction. Of course you’re going to have a lot of conflicts, and if you can’t agree in the legislature, it ends up in the courts."

What's next:

The Supreme Court also said they would take up an Arizona election law in their next session.

Right now, someone in Arizona can attest to being a U.S. citizen. If they do not provide proof, they can vote in national races, but not state or local races. If the Supreme Court affirmed the Arizona law, they would need proof to vote in national races as well.

A similar law was struck down nearly 15 years ago.

"I think our Republican-controlled state legislature and the Republican National Committee are thinking, maybe, with the composition change in the Supreme Court since 2013, maybe this will shake out a different way," Richer said.

SCOTUS will not take up the 2022 Arizona election law until next session, meaning the soonest a ruling could be issued would be spring 2027, well after the 2026 midterm election.