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.