Utah Sen. Mike Lee is again amping up pressure to pass his sweeping election reform bill after the Supreme Court upheld state laws that allow for late-arriving mail ballots to be counted so long as they are postmarked before Election Day.
In a 5-4 ruling on Monday, the court ruled that Mississippi’s grace period for late mail-in ballots is constitutional, dealing a blow to efforts by President Donald Trump and his allies to crack down on voting by mail. Lee responded to the ruling in a brief statement, pressing lawmakers to take action to secure elections ahead of the November midterms.
“Congress exercised its constitutional authority to set the times, places, and manner of federal elections by designating one federal Election Day,” Lee said in a statement to the Deseret News. “Unfortunately, the Supreme Court has decided to disregard the plain meaning of the law and left the door open to counting late ballots for days afterward. It is more urgent than ever for Congress to restore trust and security in American elections.”
The ruling comes as Lee has been pushing the Senate to pass his SAVE America Act, an election overhaul bill seeking to establish proof-of-citizenship and voter ID requirements in federal elections. The bill, in its varying forms, has passed the U.S. House three times but has since stalled in the Senate due to the filibuster.
Trump calls Supreme Court mail-in voting decision a ‘tremendous loss’
Trump similarly cited the recent court ruling as reason for Republicans to make the SAVE America Act their No. 1 priority, calling the decision on Monday “a tremendous loss.” The president claimed that so-called grace periods — which are in effect in 18 states and territories allowing late ballots to be counted if they were sent in before the deadline — make elections susceptible to fraud.
In a lengthy Truth Social post on Monday, Trump again laid out the requirements he wants included in the SAVE America Act, including photo identification, proof of citizenship, and no mail-in ballots, with exceptions for military members and those with illnesses or disabilities.
“There is no excuse for a politician, or otherwise, to be against the above three requirements. There is only one reason to oppose — CHEATING” he wrote. “There can be no more excuses!”
Trump met with Senate Republicans last week to push for the passage of the SAVE America Act, which GOP leaders have largely acknowledged is not possible in the current political landscape.
To pass the Senate, the bill would need Democratic support to overcome the 60-vote filibuster — meaning at least seven Democrats would need to back the legislation in addition to all Republicans. But in recent votes, a handful of Republicans have joined Democrats to oppose the legislation, specifically citing concerns about mail-in voting restrictions.
The most recent example is when four Senate Republicans voted against an amendment to attach the SAVE America Act to the party’s immigration enforcement funding package in early June.
The fight has since extended to the House, where a handful of conservative Republicans have vowed to tank any piece of legislation unless the Senate passes the SAVE America Act. House Speaker Mike Johnson, R-La., met with Trump last week in an effort to quash the rebellion, after which the president told Republican lawmakers not to stall his agenda.
Trump had previously threatened not to sign any piece of legislation until the SAVE America Act was passed, but it’s not clear if he’ll uphold that ultimatum after telling GOP lawmakers to back down.
Timing is not exactly on Trump’s and Lee’s side. The November election is only four months away, and Congress is scheduled to be in recess for much of that time period.