November 10, 2025
Supreme Court hears mail ballot deadline case from Mississippi
RNC challenges 30 states' mail ballot grace periods before 2026 midterms
November 10, 2025
RNC challenges 30 states' mail ballot grace periods before 2026 midterms
The Supreme Court heard arguments on Jan. 13, 2026, in Watson v. Republican National Committee. The case challenges whether Mississippi can count absentee ballots postmarked by Election Day but received up to five business days later. Eight of nine justices heard the case. Thirty states and the District of Columbia allow mail-in ballots postmarked on or before Election Day to be counted if received within specified timeframes.
The Republican National Committee and Mississippi's Republican Party sued Secretary of State Michael Watson in 2024. They argued Mississippi's grace period threatens election integrity and conflicts with federal election-day statutes. A federal trial judge upheld the state law, explaining that Supreme Court precedent shows Congress set a national election day to avoid multiple voting dates and undue influence from earlier tallies, not to restrict mail receipt windows.
The U.S. Court of Appeals for the Fifth Circuit reversed the trial court in 2025. It ruled Mississippi's five-day grace period conflicts with federal statutes requiring ballots to be cast and received by Election Day. Mississippi appealed to the Supreme Court, arguing the Fifth Circuit's decision 'defies statutory text, conflicts with this Court's precedent, and will have destabilizing nationwide ramifications.'
Nineteen states led by Democratic attorneys general filed an amicus brief supporting Mississippi. The brief argued that most states have ballot-receipt laws that would be threatened by the RNC's interpretation. The Democratic National Committee filed a separate brief warning that ruling for the RNC would disenfranchise voters due to mail delays and could eliminate key protections for military and overseas voters.
The American Civil Liberties Union filed a brief on behalf of the League of Women Voters, Rural Coalition, American Association of People with Disabilities, and Disability Rights Mississippi. The brief urged the Court not to disrupt states' ability to determine mail ballot receipt rules. Voting rights groups argue ballot receipt grace periods have existed for decades and protect voters from postal service delays beyond their control.
The case directly affects military and overseas voters who rely on grace periods to ensure their ballots are counted. Federal law already allows overseas and military ballots to be counted if received up to 10 days after Election Day in federal elections, as long as they're postmarked by Election Day. The RNC's position could create conflict with those existing federal protections.
The Supreme Court's decision is expected by Jun. 2026, months before the Nov. midterm elections. If the Court rules for the RNC, 30 states would need to change their mail ballot procedures before the midterms. Mississippi and other states argue this would create chaos and potentially disenfranchise millions who vote by mail. The case tests whether federal 'election day' statutes set a uniform deadline for ballot receipt or only for ballot casting.
True or False: Roughly 30 states and the District of Columbia have laws allowing mail ballots to be counted if received after Election Day as long as they were postmarked by Election Day.
How many business days does Mississippi law allow for mail ballots postmarked by Election Day to be received and counted?
True or False: The Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) already provides extended deadlines for military and overseas ballots, but these protections could be questioned if the Court rules for the RNC.
Who wrote the October 25, 2024 Fifth Circuit opinion ruling that federal law preempts Mississippi's ballot receipt grace period?
How many days does Illinois allow for ballots postmarked by Election Day to be received and counted?
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Republican National Committee Chairman
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