Mississippi's Election Law Is Upheld in SCOTUS Decision on 'Watson v. RNC'

A pivotal ruling on the fate of states that collect and count mail-in ballots after election day has been issued. In a 5-4 decision on Watson v. RNC, the Supreme Court of the United States held that federal Election Day statutes do not prohibit states from counting ballots postmarked by Election Day but received afterward under state law. Specifically, SCOTUS holds that federal election-day statutes do NOT preempt a Mississippi law that allows mail-in ballots to be counted as long as they are postmarked by, and received within, five days of Election Day.

Amy Coney Barrett wrote the opinion, and Justices Alito, joined by Thomas and Gorsuch, and in part by Kavanaugh, dissented. 

Justice Barrett writes that the "election-day statutes do not set a deadline for ballot receipt, so they do not prevent Mississippi from counting ballots postmarked by election day yet received afterward."

Several federal statutes define Election Day as the Tuesday “after the first Monday in November,” and at least 28 states now choose how far past Election Day these mail-in ballots can be counted. 

The state of Mississippi allows mail-in ballots to be counted, as long as they were sent by Election Day and received at their designated ballot locations within five business days. Mississippi Secretary of State Michael Watson argues that the act of marking and submitting a ballot constitutes a voter’s conclusive choice, or the casting of their ballot, and therefore Mississippi’s practice of receiving ballots after Election Day remains valid because ballots are still cast by Election Day. The Republican National Committee contends that Mississippi’s election laws violate federal election laws, because an election is only complete when all ballots are received, and thus receiving ballots later extends the election past the federally required Election Day deadline. 

In his dissent, Justice Alito said the decision, "creates a serious risk of further undermining public confidence in our elections and our system of self-government."

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This decision could further polarize citizens on the issue of election fairness and integrity. Chairman of the Republican National Committee Joe Gruters discussed this possibility ahead of Monday's SCOTUS decision.

LISTEN:

The RNC has been working for years to fight for secure elections from coast to coast and stop Democrats from cheating.

That's why we've brought our landmark case, Watson v. RNC, to the Supreme Court. To ensure Election Day means Election Day. Full stop. pic.twitter.com/EcNT6Mi2jb

— Chairman Joe Gruters (@ChairmanGruters) June 10, 2026

Editor’s Note: The 2026 Midterms will determine the fate of President Trump’s America First agenda. Republicans must maintain control of both chambers of Congress.

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