The Supreme Court heard arguments about laws that allow mail-in ballots to be counted five days after Election Day, as long as they are postmarked by Election Day. Fourteen states permit these ballots to be counted within that period, but a legal challenge in Watson v. RNC, which had its oral argument on Monday, could shorten this window. The court appeared ready to restrict it, potentially undermining a favored Democratic election strategy for certain elections (via JustTheNews):
DEVELOPING: The U.S. Supreme Court appears likely to STRIKE down state laws that allow mail-in ballots to be COUNTED up to 5 days after Election Day.
— RedWave Press (@RedWavePress) March 23, 2026
Shannon Bream: “This stems from a Mississippi law that says you can get ballots counted up to 5 business days after election… pic.twitter.com/41X2ad5p3v
I was in court for this, and Justice Thomas' facial expressions during this question, were priceless! https://t.co/SJwRuzWHsq
— Harmeet K. Dhillon (@HarmeetKDhillon) March 23, 2026
The case, Watson v. RNC, challenges a Mississippi law that allows mail-in ballots to be received up to five days after Election Day, as long as the ballot is postmarked by Election Day. Fourteen states and the District of Columbia also allow mail-in ballots to be received after Election Day.
Jason Snead, executive director of the Honest Elections Project, said the case would give an opportunity for mail-in ballot laws to be uniform across the country.
“Federal law clearly states that ballots must be received by Election Day,” Snead told The Center Square. “Despite this, states continue to allow absentee ballots to pour in days or even weeks late.”
In Illinois, mail-in ballots can be received up to 14 days after Election Day. Lawyers for the RNC argued that the federal government sets a date for federal elections and that all ballots need to be available for counting by that date.
Lisa Dixon, executive director at the Center for Election Confidence, said delayed mail-in ballot receipt deadlines became more prominent during the COVID-19 pandemic. She said a ruling in favor of the RNC would still allow states to accept late mail-in ballots for nonfederal elections.
Lawyers for Mississippi have argued that upholding a strict receipt deadline would jeopardize ballots for military and overseas voters. However, Congress’ passage of the Uniformed and Overseas Citizen Voting Act established requirements for states to send absentee ballots 45 days before a federal election.
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Of course, Justice Sonia Sotomayor went there regarding the 2000 election, which got shot down by RNC lawyers:
Liberal Supreme Court Justice Sonia Sotomayor: “Maybe we should have another president now, because wasn’t it in Florida that they were counting military votes after receipt?”
— RedWave Press (@RedWavePress) March 23, 2026
RNC Lawyer Paul Clement: “So with all due respect, that is the reddest of red herrings. Because what… pic.twitter.com/UUccTpCrDK
Liberal Supreme Court Justice Sonia Sotomayor: “Maybe we should have another president now, because wasn’t it in Florida that they were counting military votes after receipt?”
RNC Lawyer Paul Clement: “So with all due respect, that is the reddest of red herrings. Because what happened in the 2000 election in Florida is that pursuant to a consent decree that was entered by a federal court because Florida was violating the principal provision of UOCAVA [The Uniformed and Overseas Citizens Absentee Voting Act]—which says you have to give the absentee ballots to the overseas voters 45 days in advance—because Florida was violating that, there had to be a consent decree to create a remedy that was not provided under state law.”
Mail-in ballots are susceptible to fraud. And these windows for counting them are insane. Enough. Let’s see what happens.
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