Restoring "Election Day" Prevents Voting Fraud

In the United States, the concept of a fixed Election Day is not merely a matter of tradition—it's established in constitutional law. Recent developments, particularly in states like Delaware and Mississippi, underscore the critical importance of a consistent Election Day. In the United States and Nevada, Election Day happens on the first Tuesday after the first Monday in November.

The principle of a single, fixed Election Day is deeply embedded in American law. In 1845, Congress established “the first Tuesday after the first Monday in November” as the official federal Election Day (2 U.S. Code § 7). The law was designed to ensure consistency, discourage fraud, and protect the democratic process by giving every voter the same deadline to cast their ballot. Eight state constitutions, including Delaware’s and Nevada’s, echo this requirement. (The other 42 states establish election day statutorily on this same day.) Politicians have lost sight of the initial reason for establishing Election Day – uniformity and prevention of fraud.

In 2010 and 2019, Delaware lawmakers passed laws allowing for permanent absentee status and early in-person voting, respectively. The state constitution mandates that general elections be held on a single day (Article V, Section 1), while absentee voting is only allowed under specific conditions, such as illness, military service, or disability (Article V, Section 4A). These laws permitted voters to receive ballots automatically for all future elections and vote up to 10 days before Election Day. In February 2024, Delaware’s Superior Court ruled these laws unconstitutional. Judge Mark Conner determined that extending voting beyond the single date required by the constitution was impermissible, stating the constitution must prevail when in conflict with legislative statutes. The ruling also touched on growing concerns over voter registration integrity, particularly after COVID-19, which saw a surge in absentee voting. Some ballots were sent to voters who had moved or died, underscoring the need for regular voter list maintenance and stricter absentee rules.

On October 25, 2024, the Fifth Circuit Court of Appeals struck down a Mississippi law that allowed mail ballots to be counted up to five days after Election Day. In a landmark decision, the court stated: “Federal law does not permit the State of Mississippi to extend the period for voting by one day, five days, or 100 days.” The court’s ruling confirmed that federal law views Election Day as singular, not plural, and that ballots must be received—not just postmarked—by that date. Currently, 17 states and the District of Columbia accept ballots that arrive after Election Day, a practice that dilutes electoral integrity and public confidence. The court confirmed that federal law clearly states that Election Day is a fixed day. When ballots are counted later, there is confusion about when the election really ended. The judges argued that treating ballots as “cast” before they are received undermines the integrity of the electoral process. "But it should be equally obvious that a ballot is ‘cast’ when the State takes custody of it," the opinion reads.

The court stated that an election is determined when all ballots are cast or accounted for on a specific date. The Fifth Circuit pointed out that counting votes is not just about the ballots; it’s also about knowing when the election is finished. Allowing ballots to be accepted and counted after the designated voting day could alter election outcomes and create confusion.

The Nevada Constitution Article 15 section 5 states "Time of General Election: The general election shall be held on the Tuesday next after the first Monday of November." Yet, Nevada permits ballots postmarked by Election Day to be counted if received within four days after the election. Ballots lacking a clear postmark must arrive within three days to be counted. The Republican National Committee, the Nevada Republican Party, the Trump campaign, and a Nevada voter (the specific name of the Nevada voter has not been publicly revealed) filed a lawsuit challenging Nevada’s “mailbox deadline.” This deadline violates the Electoral Count Reform Act (ECRA), a 2022 federal law. Despite USPS’s efforts to postmark all ballots, delays and illegible postmarks are common. The case, Republican National Committee v. Burgess, (Ninth Circuit Case No. 24-5071) according to Kaylan Phillips of Public Interest Legal Foundation is pending an October 2025 hearing date in the 9^th Circuit Court of Appeals.

In fifteen counties in Nevada, elected County Clerks are in charge of elections. In Clark County and Washoe County the elected County Clerk does not oversee the elections but they are required to certify the election results. In those two counties appointed Registrar of Voters are in charge of the elections. Elected officials like the County Clerk are replaced by the voters during an election. The Registrars are replaced by appointment and serve at the pleasure of those who appoint them not the voters.

Cari-Ann Burgess, Registrar of Voters for Washoe County, was placed on stress-related medical leave in late September 2024, just weeks before the November presidential election. Washoe County stated she "experienced stress issues and requested medical leave," but Burgess contended that she was effectively forced out due to disagreements with unelected county administrators over personnel change directives to reassign election office staff to different departments without her input. Burgess attempted to return to work after obtaining a doctor's note indicating she was fit to resume her duties, but the county administrators refused and stated the situation would be addressed after the presidential election,” according to the Las Vegas Review Journal. She was told not to contact her staff or speak with reporters and was forced to use her sick and vacation time for this leave. Burgess was the fifth election official to leave in four years. She was never allowed to return instead Deputy Registrar Andrew McDonald was appointed to the Registrar role, with support from the Nevada Secretary of State. After the election, in February 2025, McDonald was officially appointed as Registrar of Voters for Washoe County. Government Defendants in the case in addition to Burgess are:

• Francisco Aguilar –Nevada Secretary of State

• Cari-Ann Burgess – Washoe County Registrar of Voters (Not Andrew McDonald even though he was the Registrar at the time of the 2024 election.)

• Jan Galassini –Washoe County Clerk elected but not responsible for elections except to certify the election

• Lorena Portillo – Clark County Registrar of Voters

• Lynn Marie Goya –Clark County Clerk elected but not responsible for elections except to certify the election

Intervenor-Defendants: allowed to attach themselves (by their request) to the case because they have an interest and may be affected by the outcome of the case

• Democratic National Committee (DNC)

• Vet Voice Foundation

• Nevada Alliance for Retired Americans

Governor Lombardo’s remarks after Nevada’s 2024 election reflect growing voter frustration with delays and the uncertainty of security in Nevada’s elections. Lombardo called the state’s ballot-counting lag a “national embarrassment,” while the Secretary of State admitted to snafus. At its core, the debate is not just about when ballots are received—it’s about when an election ends. Courts are increasingly emphasizing that allowing votes to trickle in after the deadline, opens the door to confusion, inconsistency, and diminished public trust. Changes to the federally mandated Election Day are a slippery slope where elections become disorganized or, worse, vulnerable to fraud. The rulings in Delaware and Mississippi demonstrate how having one specific day for voting ensures that our elections are trustworthy and that everyone has a voice in our democratic processes and, ultimately, our republic.

I want to be very clear about how important this race is to ensure Voter I.D. actually happens after 2026. While the people of Nevada voted for Voter I.D. by over 60% in 2024, and may do so again in 2026, the current Secretary of State in Nevada is completely against the idea, 110%. He has publicly rejected President Trump's Executive Order on Voter I.D.and opposed  Nevada's Voter I.D. calling it, "a roadblock."

Without the right Secretary of State in Nevada, Voter I.D. will not be implemented after we worked so hard to make it a reality. I have been involved in the election integrity battle for over 20 years as a Nevada Assemblywoman, as a researcher, as a national speaker, as the producer of a documentary, and even as a victim in court. I have firsthand experience against Harry Reid unlike my opponent who served as an apprentice of Harry Reid and the Reid Machine. I know the opponents of Voter I.D. and they know I am serious about making sure Voter ID is actually implemented after the 2026 election.

Yes, I need your help to do this. I’m looking for Angle’s Angels, and I’d like you to be one of them. You can help us win this battle and change the direction of Nevada and our country. To raise the $5,000,000 it takes just $12 a month until election day in 2026 or $35 each quarter from you, that's 6 times between now and election day in November of 2026. We have to implement Voter I.D. in Nevada after voters approve it again, and I am the most qualified and experienced person to do the job. Is this issue to secure our elections worth the investment to make this happen? I believe it is and I believe you do too, which is why I am in the race, and asking for your help. You can join the race to secure Nevada elections here!

Click Here To Contribute And Help!

I know many of you prefer to use check in the mail, which is great: Friends of Sharron Angle, P.O. Box 33058, Reno, Nevada 89533.

God bless you and God bless America,

Sharron Angle

VoteSharronAngle.com

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