Overview
- At issue in Watson v. RNC is whether federal Election Day statutes require mail ballots to be received by Election Day or allow counting ballots postmarked by that date that arrive later.
- The case stems from Mississippi’s law counting ballots received within five business days if postmarked by Election Day, a policy the 5th Circuit struck down after a federal district court upheld it.
- The Justice Department urged the Court to invalidate Mississippi’s rule, arguing the ballot box must close on Election Day, while Mississippi officials contend voters complete the election by casting ballots on time.
- Conservative-leaning justices questioned the limits of Mississippi’s position during oral argument, with some signaling agreement with the RNC’s view that late-arriving ballots should not be counted.
- Election officials warned that changing receipt deadlines months before November could cause confusion and disenfranchisement in the 14 states and Washington, D.C., that use grace periods, though the Court could treat military and overseas ballots differently under existing federal law.