The Supreme Court heard oral argument last week in Watson v. Republican National Committee, which asks whether states may count mail ballots in federal elections after Election Day if those ballots are postmarked by that date.
Mississippi’s 2020 law allows absentee ballots received within five business days after Election Day to be counted. Republican and Libertarian challengers argued that the rule conflicts with federal statutes establishing a single national Election Day for federal elections. The Fifth Circuit agreed, and the Supreme Court later granted review of the case.
The dispute turns on what Congress meant by “Election Day.” Mississippi argues that states may set receipt rules for absentee ballots so long as voters cast them by Election Day. The challengers argue that federal law requires the election, including receipt of ballots, to be complete on that day.
At oral argument, several justices appeared concerned that Mississippi’s position lacks a clear limiting principle, while others focused on whether Congress displaced state authority. Because similar rules exist in a number of states, the Court’s ruling could shape the administration of future federal elections.
The Supreme Court is expected to rule before the end of June 2026, with a decision that will apply to the 2026 midterms.