Republican Nat'l Comm. v. Democratic Nat'l Comm.
140 S. Ct. 1205
| SCOTUS | 2020Background:
- Wisconsin's April 7, 2020 spring election proceeded amid the COVID-19 pandemic and a sharp surge in absentee-ballot requests (≈1.2 million requests reported).
- Plaintiffs (voters, organizations, state and national Democratic parties) sued in the Western District of Wisconsin seeking relief to preserve absentee voting accessibility.
- The District Court issued a preliminary injunction (Apr 2) extending the deadline to request absentee ballots to Apr 3 and extending the deadline for municipal clerks to receive absentee ballots from Apr 7 (8:00 p.m.) to Apr 13 (4:00 p.m.), accepting ballots regardless of postmark; it also enjoined release of results before Apr 13.
- Intervenor-defendants sought emergency stays; the Seventh Circuit declined to modify the absentee-return deadline. The State then sought relief from the Supreme Court.
- The Supreme Court granted a stay (per curiam) to the extent the District Court required counting absentee ballots postmarked after Apr 7, holding that ballots must be postmarked by Apr 7 (or hand-delivered by Apr 7) and received by Apr 13 to be counted.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether absentee ballots postmarked after Election Day (Apr 7) may be counted if received by Apr 13 | Counting ballots postmarked after Apr 7 is necessary to avoid disenfranchising voters who timely requested ballots but received them late due to COVID-related delays | Altering postmark rule close to the election violates state law and Purcell principles; courts should not change election rules on the eve of elections | Stay granted: ballots must be postmarked by Apr 7 (or hand-delivered by Apr 7) and received by Apr 13 to be counted |
| Whether the District Court exceeded proper relief by extending the effective voting period after Election Day | Extension was needed to protect voting rights amid public-health crisis; plaintiffs urged relief at hearing | District Court unilaterally altered the nature of the election and granted relief plaintiffs did not seek in writing; such late changes are improper | Majority faulted the District Court for changing rules so close to the election and limited relief accordingly |
| Whether enjoining publication of results until Apr 13 was appropriate | Preventing early results disclosure was necessary to avoid influencing voters and protect ballot integrity | Enjoining nonparties and suppressing public information is extraordinary, questionable, and may be impracticable | The majority criticized the results-gag as unusual; the stay addressed the narrow absentee-postmark issue rather than endorsing the gag |
Key Cases Cited
- Purcell v. Gonzalez, 549 U.S. 1 (2006) (lower federal courts should ordinarily not alter election rules close to an election)
- Burdick v. Takushi, 504 U.S. 428 (1992) (framework for assessing burdens on the right to vote)
- Anderson v. Celebrezze, 460 U.S. 780 (1983) (balancing test for evaluating election-law burdens)
