Bloomberg Law SCOTUS on Election Deadlines & Musk Misled Investors
Mar 23, 2026
Richard Briffault, Columbia elections law scholar, explains Supreme Court arguments over post‑Election Day mail‑ballot deadlines and state grace periods. Eric Talley, Columbia business law professor, walks through the jury verdict finding Elon Musk made misleading tweets during the Twitter purchase and the potential legal and market fallout. Short, sharp takes on timing, administration, and securities accountability.
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SCOTUS Review Could Upend Grace Periods
- The Supreme Court is weighing whether federal 'Election Day' requires ballots to be received by that day or merely mailed by then.
- Richard Briffault explained 14 states allow ballots postmarked by Election Day to arrive within a state grace period (Mississippi allows five days).
Court Split Mirrors Fraud Concerns Versus State Flexibility
- Conservative justices voiced concerns that counting ballots after Election Day risks undermining confidence and enabling fraud or appearance of fraud.
- Briffault noted justices like Alito, Gorsuch, and Kavanaugh appeared sympathetic, while liberal justices favored state discretion and historical practice.
Mail Your Ballot Well Before Election Day
- If the Court strikes down post-Election Day counting, mail voters should mail ballots well before Election Day to ensure they're received in time.
- Briffault advised voting at least a week early to avoid chaos and tightened deadlines.