In Watson v. Republican National Committee, the Supreme Court recently decided whether federal election-day statutes prevent states from counting absentee ballots that arrive after election day.
At issue was a Mississippi law permitting officials to count absentee ballots postmarked on or before election day but received up to five business days later. The Republican National Committee, the Mississippi Republican Party, and several individuals argued that federal statutes setting a single day for congressional and presidential elections use “election” to mean both the casting and receipt of ballots, making any post-election-day receipt unlawful. A federal district court granted summary judgment to Mississippi, but the Fifth Circuit reversed, holding the state law preempted.
In a 5-4 decision, the Court reversed the Fifth Circuit, holding that federal election-day statutes require only that voting be completed by election day, not that ballots be received by then. Writing for the majority, Justice Barrett explained that “election” has long referred to the electorate’s choice, not the mechanics of ballot receipt, and that a related federal statute governing military and overseas voters presumes states retain authority over receipt deadlines. Justice Alito’s dissent argued that an election is not complete, and therefore not federally compliant, until ballots reach election officials.
The split decision in Watson has reenergized calls to pass the SAVE America Act. The act was passed by the House of Representatives and is currently pending before the Senate.
Read Opinion Here: Watson v. Republican National Committee