The United States Supreme Court has agreed to take up a pivotal case that could potentially reshape election law across the nation. On Monday, the Court announced it would decide whether federal law mandates that ballots be both cast and received by election officials by Election Day. The case, Watson v. Republican National Committee, challenges a Mississippi statute, along with similar laws in 30 other states and the District of Columbia, permitting mail-in ballots to be counted if they are received up to five business days after Election Day.
The controversy began in 2024 when the Republican National Committee (RNC), alongside the Mississippi Republican Party and other individuals, filed a federal lawsuit contesting Mississippi’s mail-in ballot provisions. Their case was subsequently consolidated with a parallel case by the Libertarian Party of Mississippi. However, a federal judge in Gulfport, Mississippi, upheld the state’s law, citing Supreme Court precedent that underscores a national election day to prevent multiple voting days and external influences on voters from differently processed states. The appellate court, the U.S. Court of Appeals for the 5th Circuit, reversed this decision, ruling that current federal election law — which designates the Tuesday following the first Monday of November as the official “election day” — necessitates ballots be received by that date. Despite dissent from five judges, the full 5th Circuit declined to revisit the case. The extensive legal documentation is available here.
Mississippi sought Supreme Court intervention in June, urging the justices to address whether federal law accommodates post-election receipt of ballots. The state contended that the acceptance of such ballots could decisively affect tight races. As described by Mississippi, an “election” culminates when votes are cast by the mandated day, regardless of when they arrive.
The Republican National Committee, upholding the 5th Circuit’s ruling, stressed the potential for disorder and accusations of misconduct if absentee ballots continue to be counted after election day, potentially altering election results. The RNC highlighted the importance of a consistent nationwide deadline to assure uniformity and predictability in election processes. Additionally, 19 states along with the District of Columbia filed a “friend of the court” brief, aligning with Mississippi’s position. They cautioned against the 5th Circuit’s ruling for its potential disruption to vote counting, especially concerning military personnel voting from overseas. Insights into the arguments presented can be found in the RNC’s brief.
As the Supreme Court prepares to deliberate this significant case, oral arguments are anticipated early next year, with a possible decision by June or July. The outcome will undoubtedly have profound implications for how states manage mail-in ballots and maintain the integrity of the electoral process.