SCOTUS Takes Up Key Election Case Involving Mail-In Ballots

The U.S. Supreme Court recently granted certiorari in a key election case, Watson v. Republican National Committee. The issue before the justices is whether the federal election-day statutes preempt a Mississippi state law that allows mail-in ballots that are cast by federal election day to be received by election officials after that day.

Facts of the Case

The Constitution establishes a basic framework for federal elections.Article I addresses congressional elections. The Elections Clause provides: “The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of choosing Senators.”  Article II addresses presidential elections. The Electors Clause provides: “Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors” to vote for President and Vice President. But “[t]he Congress may determine the Time of choosing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.”

While the federal government initially gave the states wide discretion to establish their own voting procedures, it eventually set some ground rules.In three federal statutes, Congress has established federal election day as the Tuesday after the first Monday in November in certain years. For instance, 3 U.S.C. § 1, which governs appointing electors for President and Vice President, states: “The electors of President and Vice President shall be appointed, in each State, on election day, in accordance with the laws of the State enacted prior to election day.” 

During the COVID-19 pandemic, Mississippi amended its election laws to accept absentee ballots “postmarked on or before the date of the election and received by the registrar no more than five (5) business days after the election.” Now, after the pandemic, Mississippi has preserved that deadline and amended the statute to cover absentee ballots transmitted by common carriers in addition to the United States Postal Service.

On January 26, 2024, plaintiffs Republican National Committee, Mississippi Republican Party, James Perry, and Matthew Lamb sued various state officials in the Southern District of Mississippi to enjoin them from enforcing the State’s post-election ballot deadline. On February 5, 2024, plaintiff Libertarian Party of Mississippi brought a functionally identical lawsuit. Both complaints alleged the federal Election Day statutes preempt Mississippi’s law by establishing a uniform day for choosing members of Congress and appointing presidential electors.

The district court consolidated the cases and upheld the law. As Senior U.S. District Judge Louis Guirola explained, “Congress set a national election day to avoid the ‘evils’ of burdening citizens with multiple election days and of risking undue influence upon voters in one state from the announced tallies in states voting earlier.” Neither of those concerns,” he concluded, “is raised by allowing a reasonable interval for ballots cast and postmarked by election day to arrive by mail.”

Fifth Circuit’s Decision

The Fifth Circuit reversed. It held that the federal election-day statutes require that ballots be both cast by voters and received by election officials by election day and thus preempt Mississippi’s law.

“Congress statutorily designated a singular ‘day for the election’ of members of Congress and the appointment of presidential electors. Text, precedent, and historical practice confirm this ‘day for the election’ is the day by which ballots must be both cast by voters and received by state officials,” the appeals court wrote. “Because Mississippi’s statute allows ballot receipt up to five days after the federal election day, it is preempted by federal law.”

Issue Before the Supreme Court

Mississippi Secretary of State Michael Watson appealed to the Supreme Court, arguing that “[s]tates need to know whether federal law permits post-election-day ballot-receipt laws—and thus whether they must change their laws to comply with federal law or whether they may change their laws on policy grounds.” Watson is supported by a group of 19 states and the District of Columbia.

The justices granted certiorari on November 10, 2025. The justices have agreed to consider the following question:

Whether the federal election-day statutes, 2 U.S.C. § 7, 2 U.S.C. § 1, and 3 U.S.C. § 1, preempt a state law that allows ballots that are cast by federal election day to be received by election officials after that day.

Oral arguments have not yet been scheduled, but will likely occur in the New Year. A decision is expected by the end of the term in June/July 2026.