Supreme Court to Decide on Counting Late-Arriving Mail Ballots

The U.S. Supreme Court has agreed to hear a significant case regarding whether states can count mail-in ballots received after Election Day. This case, Watson v. Republican National Committee, centers on Mississippi's law that permits counting ballots postmarked by Election Day if they arrive within five business days afterward. The outcome could have far-reaching implications for mail-in voting laws across the country, particularly as the 2026 midterm elections approach.

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The legal battle began when the Republican National Committee (RNC), the Mississippi Republican Party, and a voter filed a lawsuit challenging Mississippi's mail-in ballot procedures. They argued that these procedures violate federal laws that dictate Election Day as the deadline for ballot receipt. A U.S. district court initially sided with Mississippi, asserting that the state had the authority to establish its own voting procedures. However, the 5th U.S. Circuit Court of Appeals reversed this decision, ruling that federal law requires ballots to be both cast and received by Election Day.

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• Mississippi Attorney General Lynn Fitch: Defending the state's law, Fitch argues that the law merely provides a cushion for counting ballots and does not extend the voting period.

Mississippi Today

• Republican National Committee: The RNC contends that allowing late-arriving ballots undermines election integrity and creates confusion.

CNN

• Libertarian Party of Mississippi: Joined the lawsuit against the state law, emphasizing the need for uniformity in election procedures.

WJZ - CBS Baltimore

Mississippi officials maintain that voters make their choice by submitting their ballots by Election Day, regardless of when those ballots are received. They argue that counting ballots after Election Day is merely an administrative process. Conversely, the RNC argues that allowing late-arriving ballots creates a lack of clarity and could lead to election disputes.

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Critics of the Mississippi law, including the RNC, assert that counting ballots received after Election Day can lead to chaos and undermine public trust in elections. They argue that it could allow for manipulation and uncertainty in close races. A group of 19 states, including California and New York, has filed a brief supporting Mississippi, arguing that the 5th Circuit's ruling could destabilize election processes nationwide.

Roll CallCNNNew York Times

The 5th Circuit's ruling has been met with dissent, as some judges believe that the law does not conflict with federal statutes. The debate centers on whether the counting of ballots is part of the election process or merely an administrative task that can occur after Election Day.

Roll Call

The Supreme Court is expected to hear oral arguments in the case in early 2026, with a ruling anticipated by late June. The decision will likely influence how states manage mail-in ballots and could reshape election laws across the country, particularly in battleground states that rely on mail voting.

WJZ - CBS Baltimore

• “[t]he stakes are high: ballots cast by—but received after—election day can swing close races and change the course of the country.” — Lynn Fitch, Mississippi Attorney General

SCOTUSblog

• “Federal law requires voters to take timely steps to vote by Election Day.” — Judge Andrew Oldham, 5th Circuit Court

WJZ - CBS Baltimore

• “As a matter of plain meaning, an ‘election’ is the conclusive choice of an officer.” — Mississippi officials in court filings

The Guardian

• “chaos and suspicions of impropriety … can ensue if thousands of absentee ballots flow in after election day and potentially flip the results of an election.” — Republican National Committee in court filings

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