Justices uphold state law allowing for late-arriving mail-in ballots

Updated on June 29 at 2:30 p.m. Just over four months before the 2026 midterm elections, the Supreme Court on Monday upheld 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. By a vote of 5-4, the justices in Watson v. Republican National Committee rejected an argument, made by the political parties and others challenging the law, that federal law requires mail-in ballots to be received by Election Day.Writing for the majority, Justice Amy Coney Barrett concluded that “the election-day statutes require the electorate’s choice to be made on election day. That occurs so long as election day is the deadline for individuals to vote—as it is in Mississippi. But the election-day statutes do not set a deadline for ballot receipt, so they do not prevent Mississippi from counting ballots postmarked before election day yet received afterward.”Chief Justice John Roberts and Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson joined Barrett’s opinion for the court.In a dissenting opinion, Justice Samuel Alito argued that “from this Nation’s founding until the last few decades of the 20th century—a period that spans the enactment of all three election-day statutes—having an ‘election’ on a particular day meant completing ballot collection on that day.”Justices Clarence Thomas and Neil Gorsuch joined Alito’s opinion, while Justice Brett Kavanaugh joined most of the opinion.Mississippi p