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Supreme Court Takes Case on Late Mail Ballots Ahead of 2026 Midterms

A ruling expected by summer 2026 could set a uniform national deadline for counting mail ballots.

Overview

  • The justices agreed to hear Watson v. Republican National Committee, which tests Mississippi’s law counting mail ballots received up to five business days after Election Day if postmarked by that date.
  • The Fifth Circuit had ruled that federal election-day statutes require ballots to be received by Election Day, and the Supreme Court will decide whether those statutes preempt Mississippi’s postmark-based window.
  • Oral arguments are expected between February and April 2026, with a decision by late June that would apply in time for the 2026 midterm elections.
  • According to the National Conference of State Legislatures, Mississippi is among roughly 18 states plus Washington, D.C., that accept ballots arriving after Election Day if postmarked on time, with some states allowing longer windows such as Illinois (14 days) and California (7 days).
  • Republican-aligned groups argue federal law demands receipt by Election Day, while a coalition of 19 states and D.C. urges the Court to affirm state authority over receipt rules, and Democratic leaders warn the challenge would limit access to lawful mail voting.