The US Supreme Court heard oral arguments on March 23 in Watson v. Republican National Committee, weighing whether states can count mail-in ballots postmarked by Election Day but received later. The case challenges a Mississippi law allowing a five-day grace period, with similar rules in over 30 states. Conservative justices expressed concerns over fraud risks, while liberals defended state authority.
The Supreme Court heard more than two hours of arguments on Monday, March 23, 2026, in Watson v. Republican National Committee, a case originating from Mississippi. The Republican National Committee (RNC) challenged a 2020 Mississippi law passed by a Republican-controlled legislature, which permits election officials to count absentee ballots postmarked by Election Day if they arrive within five business days. The RNC argues that federal law, setting Election Day as the first Tuesday after the first Monday in November, requires ballots to be received by that date. A three-judge panel of the 5th US Circuit Court of Appeals struck down the law before the 2024 election, with the full circuit splitting 10-5 along ideological lines against rehearing, 10 Republican-appointed judges against and five Democratic-appointed in dissent. The Trump administration supported the RNC, with Solicitor General John Sauer arguing that uniform deadlines prevent fraud opportunities. Mississippi Attorney General Lynn Fitch, a Republican, defends the law, warning of 'destabilizing nationwide ramifications.' Mississippi Solicitor General Scott Stewart argued for the state. During arguments, conservative justices raised hypotheticals about fraud. Justice Samuel Alito asked if the court should consider Congress's Election Day statutes to combat 'fraud or the appearance of fraud,' noting risks of late ballots flipping results. Justice Brett Kavanaugh warned of 'charges of a rigged election.' Justice Neil Gorsuch questioned if handing ballots to a neighbor or even a Supreme Court justice would qualify, cutting off Stewart: 'Pick your best.' Justice Clarence Thomas rejected Civil War precedents. Liberal justices, including Sonia Sotomayor and Ketanji Brown Jackson, emphasized historical understanding that 'Election Day' means when voters cast ballots, with states regulating receipt deadlines absent clear federal preemption. Chief Justice John Roberts and Justice Amy Coney Barrett questioned inconsistencies with early voting. In 2024, over 750,000 late-arriving ballots were counted under such laws. More than 30 states and Washington, D.C., have similar provisions. A ruling is expected in late June.
