Federalist Radio Hour Does Election Day Mean Anything Anymore?
Mar 24, 2026
Jason Snead, Executive Director of the Honest Elections Project and election‑law advocate, discusses whether ballots must be received by Election Day and how 'cast' is defined. He traces the history of a uniform Election Day and explains how mail voting and late‑count rules grew after COVID. He explores real‑world consequences of extended counts and debates why clear deadlines matter.
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Election Day Means Ballots Received By Officials
- Election Day should mean the day ballots are in state officials' possession, not when a voter fills out a ballot.
- Jason Snead traces the legal norm: historically ballots had to be physically received by officials by the close of polls to be counted.
Late Ballot Counting Is A New Widespread Practice
- Widespread acceptance of ballots received after Election Day is a recent phenomenon concentrated in the last few years.
- Snead notes absentee voting expanded in wartime, but broad post-election receipt rules became common mainly since COVID and states like Mississippi adopted them.
Civil War Absentee Voting Required Official Receipt
- During the Civil War absentee voting began so soldiers could vote, but states required official receipt to count ballots.
- Snead uses wartime absentee practices to show historical emphasis on official chain of custody rather than mail transit times.