California Republicans sharply criticized a Supreme Court decision that permits states to keep counting ballots received after Election Day, saying the ruling could deepen public doubts about election integrity.
Steve Hilton, the Republican candidate for governor who moved on to November’s general election, denounced the decision as “an insult” and said it would likely motivate conservative voters.
“This ruling is an insult to every California voter and an affront to democracy,” Hilton told The California Post. “I know this ruling will fire up everyone who is sick of what’s going on in California. Thanks to this ridiculous, anti-democratic ruling, I am more sure than ever that change is coming.”
In a 5–4 decision, the high court found that federal law does not bar states from tallying mail-in ballots that arrive after Election Day, as long as state law allows it and the ballots meet required standards, such as being postmarked on time.
Justice Amy Coney Barrett, a conservative member of the court, wrote the majority opinion. She was joined by Chief Justice John Roberts and the court’s three liberal justices. Justice Samuel Alito dissented, saying the ruling runs counter to federal election law and “two centuries of historical practice.”
The case stood out because the court did not split along its more familiar 6–3 ideological divide.
Hilton said the majority failed to account for what he characterized as serious weaknesses in California’s election process.
“Do the justices who voted to extend elections beyond Election Day even understand the scale of the corrupt ballot-harvesting machine that has been built by the ruling elite in California?”
“Do they realize that in California you don’t even need a valid postmark for a late-arriving ballot to be counted? That it’s possible to ‘back-date’ ballots by handwriting the date it was mailed?”
The 56-year-old British-American gubernatorial candidate argued the ruling could “undermine confidence in elections in California” by “giving a green light to the corrupt, anti-democratic banana republic practices that have been running rampant.”
Following California’s June primary, Republicans have continued to criticize the state’s voting system, which allows voters to cast ballots by mail, in person at vote centers, through secure drop boxes, and by provisional ballot.
Election officials are permitted to process mailed ballots before Election Day by verifying signatures and preparing envelopes for tabulation, but votes cannot be counted until polls close.
Because ballots postmarked by Election Day may continue arriving afterward, close races often take days or even weeks to be finalized.
The Republican National Committee, backed by the Trump administration, challenged a Mississippi law allowing ballots postmarked by Election Day to arrive up to five business days later.
Republicans argued federal law establishes a single national Election Day and that ballots received after that date should not be counted.
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Hilton said the ruling should motivate Republicans to pursue election reforms.
“There is only one sensible reaction now: We have to redouble our efforts to defeat the corrupt California machine this November so we can bring common-sense reforms to our elections and get our state back on track.”
California Assemblyman Carl DeMaio, founder of Reform California, also condemned the ruling, arguing California’s election laws still go beyond what the Supreme Court permitted.
“Even though the Supreme Court ruled that mail ballots can be counted after the election, California election rules are so insane that it is still violating this court ruling by counting ballots without a postmark,” he told The Post.
DeMaio said he wants state officials to tighten the rules governing late-arriving ballots.
“With this ruling in hand, I’m calling on state election officials to issue revised guidance to all counties to ensure that only ballots with proper postmarks on them are counted,” he added.
While Democratic congressional lawmakers representing the state in Washington celebrated the ruling, members of the GOP were disappointed by the decision.
“Americans deserve to know who they elected on Election Night, not weeks later. Yet in California, we are nearly a month past our June 2 primary and still do not have certified results. Turning Election Day into Election Month undermines confidence in our elections and erodes public trust,” Rep. Vince Fong told The Post reacting to the news.
Fong, who has represented California’s 20th congressional district since 2024, succeeding former Speaker Kevin McCarthy, said the ruling undermines secure and transparent elections.
“Today’s ruling allows states like California to continue down a path of failed election policies that weaken election integrity. Californians live with the consequences every election cycle as Sacramento’s supermajority repeatedly changes the rules in ways that benefit their political interests rather than strengthen voter confidence,” he added.
Florida Gov. Ron DeSantis also criticized the ruling.
“SCOTUS validates election practices in places like California that count votes received after the election. A loss for election integrity. Florida will keep doing it right,” he wrote on X.
California Gov. Gavin Newsom, however, welcomed the decision, calling it a victory for voters.
“This is a win for voters, plain and simple,” Newsom wrote on X. “Today’s ruling helps ensure mailed-in ballots get counted and people’s voices are heard through the democratic process.”
The 58-year-old governor, who is under investigation by the Justice Department, said California would continue expanding access to voting.
“Despite ongoing attacks from the Trump Administration, we will not stop ensuring every eligible Californian can make their voice heard,” he added. “Democracy is strongest when we all take part.”
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