President Donald Trump once again pushed the Senate to pass the Safeguard American Voter Eligibility Act, also known as the SAVE America Act, after the Supreme Court ruled that Election Day statutes do not ban states from counting mail-in ballots postmarked by Election Day but received afterward under state law.
Trump wrote 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, which is,1. ALL VOTERS MUST SHOW PHOTO I.D. (IDENTIFICATION!).2. ALL VOTERS MUST SHOW PROOF OF CITIZENSHIP.3. NO MAIL-IN BALLOTS (EXCEPT FOR ILLNESS, DISABILITY, MILITARY DEPLOYMENT, OR TRAVEL!).There is no excuse for a politician, or otherwise, to be against the above three requirements. There is only one reason to oppose — CHEATING! The House of Representatives has approved this vital Act, THREE TIMES. The United States Senate seems unable to do so. In a time when there is a powerful Communist Movement taking place in our Country, one more dangerous than World War I, World War II, Pearl Harbor, or September 11th, all Dumocrats, and our five Republican Senate Hold Outs, Lisa Murkowski, Susan Collins, Thom Tillis, Bill Cassidy, and Mitch McConnell must vote to SAVE OUR COUNTRY. There can be no more excuses! Thank you for your attention to this matter. President DONALD J. TRUMP
SCOTUS wrote:
The federal election-day statutes do not preempt Mississippi’s law. The defining element of an “election”—the term used in all three federal statutes—has always been the electorate’s choice of candidate. And a related federal statute, the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA), confirms that while federal law dictates when ballots must be cast, state law dictates when they must be received….The electorate’s choice is made when voting is complete, not when ballots are received. The most recent amendment to the Presidential election-day statute bears this out. In 2022, Congress inserted the phrase “election day” into that statute and marked that day as a specific Tuesday. 3 U. S. C. §21(1). It then created an exception: When States “modif[y] the period of voting” in response to certain force majeure events, the term “election day” shall “include the modified period of voting.” Ibid. (emphasis added). That Congress defined “election day” with reference to “voting” indicates that “voting” is the act governed by the statute….In sum, the election-day statutes require the electorate’s choice to be made on election day. That occurs so long as election day is the deadline for individuals to vote—as it is in Mississippi. But the election-day statutes do not set a deadline for ballot receipt, so they do not prevent Mississippi from counting ballots postmarked before election day yet received afterward.
Trump is right, though. CONGRESS needs to do its job.
While SCOTUS claimed the case has nothing to do with the Constitution, Congress can still act. The Constitution allows states to determine voting eligibility, and Congress can make or alter state election laws.
You know who can change election day statutes? Congress.
Trump has already promised not to sign any bills until Congress passes the SAVE Act. He recently shelved the bipartisan housing bill.
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