Whether voters who cast a mail ballot may have their ballots excluded for immaterial errors on accompanying forms under the Materiality Provision of the Civil Rights Act

QUESTION PRESENTED Millions of Americans of every political stripe vote by mail in each federal election. The Materiality Provision of the 1964 Civil Rights Act prohibits “deny[ing] the right of any individual to vote in any election because of an error or omission on any record or paper relating to any application, registration, or other act requisite to voting, if such error or omission is not material in determining whether such individual is qualified under State law to vote in such election[.]” 52 U.S.C. § 10101(a)(2)(B). The statute expressly defines voting to include “all action necessary to make a vote effective including . . . casting a ballot, and having such ballot counted.” Id. § 10101(a)(8)(A), (e). The court of appeals held that this statute applies only to errors or omissions on _ voter registration forms and not to required forms that mail-ballot voters must complete for their mail ballot to be opened and counted. The question presented is whether, under the Materiality Provision, voters who cast a mail ballot may have their ballots excluded and not counted because of an error or omission on a required paper form accompanying their mail ballot, where the error or omission is undisputedly irrelevant in determining the voter’s identity or their qualifications or the timely receipt of their ballot. i