A closely watched case before the U.S. Supreme Court could reshape election administration across the country, including in California and more than a dozen other states that allow certain mail ballots to be counted after Election Day. The case, Watson v. Republican National Committee, focuses on whether federal law permits states to count ballots that arrive after Election Day if they were mailed on or before it, with a decision expected before the end of the Court’s current term.
At the center of the dispute is a Mississippi law that allows absentee ballots to be counted if they are postmarked by Election Day and received within five business days afterward. The law was enacted in 2020 during the COVID-19 pandemic as part of broader changes to expand mail voting access.
Republican challengers argue that this policy conflicts with federal statutes that establish a single national Election Day for congressional and presidential elections. They contend that under federal law, ballots must be received by Election Day in order to be counted, regardless of when they were mailed.
Mississippi officials, however, argue that states retain broad authority over election procedures and that ballots cast by Election Day should not be invalidated simply because they arrive shortly afterward. The state maintains that its approach ensures voters are not penalized for postal delays beyond their control.
The legal battle began after Mississippi’s House Bill 1521 created the five-day grace period for mail ballots arriving after Election Day. While a federal district court initially upheld the law, the U.S. Court of Appeals for the Fifth Circuit later ruled that federal law overrides the state’s extended receipt window, prompting Mississippi to appeal to the Supreme Court.
The outcome could have nationwide consequences, as roughly 15 states and the District of Columbia currently allow some form of post-Election Day ballot receipt under similar rules, including California. A ruling for the challengers could require ballots in federal elections to be received by Election Day, while a ruling for Mississippi would preserve existing state flexibility. The justices heard oral arguments in March and are expected to issue a decision by the end of June, a ruling that could significantly affect how votes are counted in future federal elections.