Senator Lee Leads Amicus Brief Against Counting Late Ballots
February 12, 2026
WASHINGTON – U.S. Senator Mike Lee (R-UT) today led an amicus curiae brief urging the Supreme Court of the United States to secure our elections and respect the founders’ original intent by excluding late ballots from being counted if received after the federally established Election Day. Senator Lee serves as Chairman of the U.S. Senate Judiciary Subcommittee on Antitrust, Competition Policy, and Consumer Rights.
“Congress, exercising its constitutional authority to set the times, places, and manner of federal elections, designated one federal Election Day,” said Senator Mike Lee. “States counting ballots received after Election Day clearly violate the certainty, finality, and trust Congress intended to establish by having nationwide elections take place on one set date. I look forward to the Supreme Court recognizing that States are not permitted to conduct interminable rolling elections with late-arriving ballot surprises that invite fraud and undermine trust in American elections.”
Joining Senator Lee as cosigners of the amicus curiae brief are U.S. Senators Marsha Blackburn (R-TN), Ted Budd (R-NC), John Cornyn (R-TX), Ted Cruz (R-TX), Lindsey Graham (R-SC), James Lankford (R-OK), Ashley Moody (R-FL), and Jim Justice (R-WV), as well as U.S. Representatives Eric Burlison (R-MO), Tim Burchett (R-TN), Andrew Clyde (R-GA), Mike Collins (R-GA), Byron Donalds (R-FL), Randy Fine (R-FL), Andy Harris (R-MD), Mark Harris, (R-NC), Clay Higgins (R-LA), Mary Miller (R-IL), Barry Moore (R-AL), Troy Nehls (R-TX), Scott Perry (R-PA), Derek Schmidt (R-KS), and Keith Self (R-TX).
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Read the full text of the amicus curiae brief here.
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