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Supreme Court Takes Case on Whether States Can Count Mail Ballots Arriving After Election Day

The ruling could reset mail-ballot deadlines in many states before the 2026 midterms.

Overview

  • Justices granted review in Watson v. Republican National Committee, a challenge to Mississippi’s law counting ballots postmarked by Election Day and received within five business days.
  • The 5th Circuit invalidated Mississippi’s rule, holding federal law requires ballots to be both cast and received by Election Day, reversing a district court that had upheld the statute.
  • Mississippi, led by Attorney General Lynn Fitch, argues an election occurs when voters cast ballots by the federal date and that post-election receipt and counting are administrative steps.
  • The outcome could affect at least 16 states that accept some late-arriving regular mail ballots, with many other states allowing later receipt for military and overseas voters.
  • Oral arguments are expected in early 2026 with a decision by late June, as related fights continue over President Trump’s executive order pressing for votes to be cast and received by Election Day.