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Supreme Court Takes Case on Counting Mail Ballots Received After Election Day

The ruling could reset mail-ballot deadlines nationwide by deciding whether federal Election Day rules preempt state grace-period laws.

Overview

  • The justices granted review in Watson v. Republican National Committee, a dispute over Mississippi’s policy that counts absentee ballots postmarked by Election Day if they arrive within five business days.
  • A federal district judge upheld Mississippi’s law, but a 5th Circuit panel reversed in 2024, holding that federal statutes require ballots to be both cast and received by Election Day, and the full court declined rehearing.
  • Mississippi argues the election occurs when voters cast ballots by the federal deadline, while the RNC says accepting ballots afterward extends the election beyond the single day Congress set.
  • A decision could affect practices in more than a dozen states and could impact safeguards for service members and other overseas voters whose ballots often arrive after Election Day.
  • Oral arguments are expected next year with a ruling by late June 2026, as related challenges proceed in states like Illinois and Nevada and courts review President Trump’s executive order targeting late-arriving ballots, which has been blocked.