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Supreme Court To Hear Election Day Mail-Ballot Deadline Case On Monday

The outcome could force states to end or revise postmark grace periods for mailed ballots.

Overview

  • The justices will hear Watson v. Republican National Committee on March 23, weighing Mississippi’s rule that counts ballots postmarked by Election Day if received within five business days.
  • A Fifth Circuit panel struck down Mississippi’s law as preempted by federal Election Day statutes, while the state contends federal law requires ballots be cast by that day, not necessarily received.
  • Changes could reach beyond Mississippi, with 14 states counting some late-arriving regular mail ballots and about 29 allowing extra time for military and overseas ballots.
  • Several legislatures have already moved, with Ohio, Kansas, North Dakota and Utah eliminating grace periods in 2025 and Minnesota tightening its deadline.
  • Election officials and voting-rights groups warn of confusion and disenfranchisement—citing issues like Postal Service processing and Washington state’s 127,000 ballots received after Election Day in 2024—while plaintiffs include the RNC and Judicial Watch, which tapped Paul Clement to argue.