As the U.S. Supreme Court gears up for its next session, one case on its docket is drawing significant attention among legal experts and professionals alike: Watson v. Republican National Committee. The heart of this case lies in the interpretation of “election day,” as defined by federal statutes, and whether state laws permitting ballots to arrive after this date are preempted by federal law.
The dispute emerged from a decision by the U.S. Court of Appeals for the 5th Circuit, which invalidated a Mississippi law allowing absentee ballots to be counted if postmarked by election day and received within five business days thereafter. The 5th Circuit’s ruling was based on the interpretation that federal law requires all ballots to be both cast and received by the election day, defined as the Tuesday following the first Monday in November, as stipulated by 3 U.S.C. § 1 and 2 U.S.C. § 7.
Mississippi’s Secretary of State, Michael Watson, challenges this interpretation, arguing that the federal law merely sets the deadline for voters to make their choice, not the deadline for receipt of ballots by election officials. His stance is bolstered by groups of voters and a coalition of 19 states plus the District of Columbia, who warn that adherence to the 5th Circuit’s ruling might dismantle similar provisions in approximately 30 states, jeopardizing the voting rights of overseas and military personnel.
Conversely, the Republican National Committee and the Libertarian Party of Mississippi favor a uniform electoral standard across the nation, echoing Justice Kavanaugh’s concerns about the chaos and suspicion that might result if absentee ballots continue to be accepted post-election day. They cite the 1997 case of Foster v. Love, where the Supreme Court struck down a Louisiana law for contravening federal statutes by essentially allowing elections to conclude before the federally designated election day.
With another case, Bost v. Illinois Board of Elections, addressing related election law concerns, Watson v. Republican National Committee might be pivotal in shaping the landscape of American electoral processes as the Supreme Court considers which interpretation of “election day” will prevail. For more insights on this and related cases, visit the detailed coverage at SCOTUSblog.