Senate Republicans James Lankford of Oklahoma and Mike Lee of Utah introduced legislation Thursday that would impose a federal Election Day deadline for states to count ballots, targeting California's extended counting timeline.

The Ballots by Election Day Act would create a nationwide deadline requiring states to accept only ballots received by the time polls close on Election Day. The proposal aims to prevent blue states from accepting and counting ballots that arrive days after voting ends.

California's Marathon Count Under Fire

California currently allows ballots postmarked by Election Day to arrive up to seven days after voting concludes. State law requires election officials to finish counting most ballots by the 13th day after an election, with exceptions for ballots received more than four days late.

The extended timeline has frustrated Republican leaders who argue it undermines public confidence in election results. California's slow count is a function of its enormous size and generous ballot access laws, with most residents voting by mail. CalMatters reported that state leaders acknowledge the frustration but say faster results would mean fewer voting options for voters.

Lankford pitched the bill as a bid to build more trust in the country's elections. The legislation takes advantage of an opening left by recent Supreme Court decisions regarding election administration.

Recent Supreme Court Ruling Creates Opening

The Republican push comes after the Supreme Court ruled on Mississippi's mail ballot deadline, creating what Lankford and Lee view as constitutional space for federal intervention. Trump responded to that ruling by demanding stronger federal oversight of state election procedures.

California recently allocated $40 million to help counties accelerate ballot counts in November. Election reform advocates had pushed for $90 million but said the funding should help speed up the process. The New York Times reported the infusion aims to address concerns about delayed results.

Democrats Defend Extended Timelines

Democratic officials have defended California's approach, arguing that extended deadlines ensure every valid vote gets counted. They point out that California's ballot access laws provide more opportunities for citizens to participate, particularly military members and overseas voters whose ballots may arrive after Election Day.

The Atlantic analyzed California's vote counting procedures and noted that conspiracy theories about fraud have accompanied the state's glacial count. Election officials maintain that the slow pace reflects thoroughness rather than irregularities.

Eight states currently have specific deadlines for finishing absentee and mail ballot counts. California's 13 day window is among the longest in the nation. Ballotpedia News documented how different states handle mail ballot processing and certification timelines.

Federal vs State Control Debate

The legislation raises longstanding questions about federal versus state control of elections. The Constitution grants states primary authority over election administration, but Congress has passed laws establishing certain nationwide standards.

Lee and Lankford argue that uniform federal deadlines would prevent confusion and boost confidence in results. Critics counter that one size fits all mandates ignore differences in state population, geography, and voting methods.

The Electoral Count Reform Act passed in 2022 already addressed some concerns about election certification procedures following disputes over the 2020 presidential race. This new proposal would go further by setting strict receipt deadlines for ballots.

The bill faces significant hurdles in a closely divided Senate where Democrats control key committee assignments. Without bipartisan support, the measure is unlikely to advance before the November midterms.