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November 10, 2025

Supreme Court hears mail ballot deadline case from Mississippi

Native American Rights Fund
American Civil Liberties Union
SCOTUSblog
Secure Democracy Foundation
The Conversation
+14

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.

🌍Foreign Policy

People, bills, and sources

Michael Watson

Mississippi Secretary of State (Republican)

Joe Gruters

Joe Gruters

Republican National Committee Chairman

Ken Martin

Ken Martin

Democratic National Committee Chair

Amy Howe

SCOTUSblog Reporter

What you can do

1

civic action

Contact your state legislators to defend mail ballot grace periods before Supreme Court ruling

If your state has a ballot receipt grace period, contact state legislators to prepare contingency plans in case the Supreme Court rules for the RNC.

Hi, I'm calling to urge [State] to defend our mail ballot grace period and prepare contingency plans.

Key points to mention:

  • Supreme Court will decide if states can count ballots received after Election Day
  • RNC wants to invalidate grace period laws in 30 states
  • Fifth Circuit already ruled against Mississippi's 5-day grace period
  • Decision expected Jun./Jul. 2026, months before midterm elections

Questions to ask:

  • What contingency plans does the state have if the Supreme Court rules against grace periods?
  • How will the state educate voters about potential deadline changes?
  • Will the state join amicus briefs defending ballot receipt grace periods?

Specific request: I want the state to defend ballot receipt grace periods that protect military, overseas, Native, rural, elderly, and disabled voters who can't control mail delivery times.

Thank you.

2

civic action

Support military and overseas voter protection groups fighting for ballot access

Organizations representing military and overseas voters are fighting to preserve ballot receipt deadlines that account for international mail delays.

info@militaryvoters.org

Subject: Support for Military Voter Protection in Watson v. RNC

Dear Military Voters Association,

I'm writing to support your efforts to protect military and overseas voters in the Supreme Court case Watson v. Republican National Committee.

Key facts:

  • RNC wants Supreme Court to require all ballots received by Election Day
  • This would disenfranchise military and overseas voters who face longest mail times
  • 30 states have grace periods protecting lawfully cast ballots from late mail delivery
  • 19 states warned Fifth Circuit's rule 'jeopardizes' military and overseas ballots

Request: How can I support your advocacy for ballot receipt grace periods that account for international mail delays beyond voters' control?

Sincerely, [Your name and contact information]