Laughter erupted during a hearing before the U.S. Supreme Court on Monday when an attorney arguing against mail-in ballots being received after Election Day suggested that there could never be voter fraud in Chicago.
Attorney Paul Clement, arguing for the Republican National Committee, was pointing out a loophole in places like Chicago, where the polls close at 8 p.m. ET, but the main post office and postbox stay open until midnight.
Clement argued that the loophole creates a four-hour window where someone could theoretically drop off ballots after seeing early returns.
“Now I’m not here to say that there could ever be voting fraud in Chicago…” Clement said.
The line set off laughter in the courtroom, including from conservative Supreme Court Justice Amy Coney Barrett.
Clement said it completely deadpan while making the exact opposite point. The room erupted because it’s Chicago — a city that has a long history of election issues and irregularities going back decades.
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The U.S. Supreme Court on Monday heard oral arguments in a closely watched case that could determine whether states may count mail-in ballots received after Election Day in federal elections.
The case, Watson v. RNC, challenges a Mississippi law that permits absentee ballots to be counted if they are postmarked by Election Day but received up to five days afterward. Fourteen states and the District of Columbia have similar provisions allowing ballots to arrive after Election Day so long as they are timely mailed.
At issue is whether federal law establishing a single Election Day for federal contests requires ballots to be received by that date, or whether states retain discretion to count ballots that arrive later but are postmarked on time.
During oral arguments, Justice Samuel Alito focused on the statutory meaning of “Election Day,” questioning whether the phrase itself implies a firm deadline.
“We have lots of phrases that involve two words, the last of which, the second of which is ‘DAY’,” Alito said from the bench. “Labor Day, Memorial Day, George Washington’s birthday, Independence Day, and Election Day.”
“And they’re all particular days,” he continued. “So if we start with that, if I have nothing more to look at than the phrase election day, I think this is the day in which everything is going to take place, or almost everything.”
The comments came as attorneys debated whether Congress, by setting a federal Election Day, intended to require that ballots be both cast and received by that date.
Lawyers representing the Republican National Committee argued that federal statutes fix a single day for choosing electors and members of Congress, meaning ballots must be in the hands of election officials by the close of polls. They contend that allowing ballots to arrive days later extends the election beyond the date set by Congress.
Supporters of Mississippi’s law argued that states have long administered the mechanics of elections and that receipt deadlines tied to postmarks fall within that authority. They also pointed to practical concerns involving mail delivery and military or overseas voters.
Under Mississippi’s statute, absentee ballots must be postmarked by Election Day and received within five days to be counted. Illinois permits ballots to arrive up to 14 days after Election Day if postmarked on time.
Advocates for stricter deadlines argue that federal law is clear and that counting ballots after Election Day undermines uniformity in federal elections. Jason Snead, executive director of the Honest Elections Project, told The Center Square that Congress has already spoken on the issue.
“Federal law clearly states that ballots must be received by Election Day,” Snead said. “Despite this, states continue to allow absentee ballots to pour in days or even weeks late.”