The US Supreme Court will hear arguments on Monday in Watson v. Republican National Committee, a case challenging state laws that count mail-in ballots postmarked by Election Day but received shortly after. The Republican National Committee argues that federal law requires states to discard such ballots, a stance that could have invalidated over 750,000 votes in the 2024 election. About half of states, including Texas and Mississippi, currently allow these ballots.
The case, originating from a suit by the Republican National Committee against Mississippi, reached the Supreme Court after the 5th US Circuit Court of Appeals ruled that late-arriving mail ballots are invalid. Judge Andrew Oldham wrote the opinion, interpreting federal election date laws to mean ballots must be received by Election Day, rather than cast by then. This ruling contrasts with historical practices, such as during the Civil War when many states counted absentee ballots arriving up to 20 days late, according to the Constitutional Accountability Center. Federal statutes governing mail ballots are silent on post-election receipt deadlines and explicitly defer to state decisions, the sources note. On the Amicus podcast, Slate's Dahlia Lithwick described the case as 'an existential challenge to mail-in voting' ahead of the 2026 midterm elections. Co-host Mark Joseph Stern highlighted that the laws in question address USPS delays beyond voters' control, affecting states across political lines. The discussion links the litigation to the SAVE Act, pending in the Senate, which proposes restrictions on mail voting including discarding late-arriving ballots. Various versions of the bill face hurdles like the filibuster. Stern suggested the court case serves as an alternative path if legislation stalls, though he predicted the justices might overturn the appeals court due to its perceived flaws. Republicans view such measures as ensuring election integrity, while noting Democrats more often use mail voting. The timing raises stakes for upcoming midterms.
