The Supreme Court is preparing to decide whether states can count mail-in ballots received after Election Day, a ruling that could upend voting procedures in roughly 15 states.
The case, Watson v. Republican National Committee, centers on Mississippi’s policy allowing absentee ballots postmarked by Election Day to be counted if received within five business days after. The Republican National Committee challenged the law, arguing that a federal statute from 1845 establishing Election Day as the Tuesday after the first Monday in November requires ballots to be both cast and received on that date.
The Legal Challenge
The RNC contends that federal election statutes preempt state “grace periods” for mail-in ballot processing. Mississippi’s law was enacted in 2020 in response to the COVID-19 pandemic.
A federal district court initially upheld Mississippi’s policy, but the U.S. Court of Appeals for the Fifth Circuit reversed that decision, siding with the RNC. The Supreme Court granted the case in November and heard oral arguments in March.
Paul Clement, representing the challengers, told justices that when Congress established Election Day in 1845, “the casting of ballots and the state’s receipt of ballots were so inextricably intertwined” that lawmakers viewed them as a single action. Mississippi’s Solicitor General Scott Stewart argued that states retain broad authority over election administration and that voters finalize their choices on Election Day itself.
Implications for States
Court observers who attended oral arguments expressed confidence that a majority of justices will side with those seeking to eliminate grace periods. Amy Howe, writing for SCOTUSblog in March, noted that justices “seemed to agree with the challengers” during arguments.
A ruling invalidating post-Election Day receipt windows would force approximately 15 states to revise their ballot-counting procedures. California, which allows ballots to arrive up to seven days after Election Day, could be significantly affected by the decision.
The timing of the ruling carries particular relevance for California Republicans, who have watched GOP candidates lose ground to Democrats as mail-in ballots continue to be counted in the days following elections. Unless the Supreme Court narrows its decision to exempt ballots from voters overseas, California would likely need to abandon its grace period as soon as the November general election.
This story has been updated. CNN’s reporting team contributed to this report.
