What’s At Stake
What is the case about?
The Supreme Court will kick off its March oral argument session on March 23 by hearing a case that could have major implications for the 2026 elections and beyond. In Watson v. RNC, the Supreme Court will decide whether federal law requires election officials to receive mail-in ballots by Election Day. The Constitution provides that “[t]he 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.” In 1845, Congress—which has the power to determine when the president is elected—chose the Tuesday after the first Monday in November as “Election Day,” and in 1872, it directed that congressional elections should occur on this day as well.
Mississippi changed its election laws to allow mail-in ballots to be counted as long as they are postmarked and received within five business days of Election Day. The Republican National Committee challenged this law, contending that the state law conflicted with the federal law setting the Tuesday after the first Monday in November as the “Election Day.” After a federal district court upheld the law, the U.S. Court of Appeals for the Fifth Circuit reversed, holding that federal law requires all ballots to be received by Election Day.
Who is affected and how?
The Supreme Court’s decision will affect Mississippi voters, as well as voters in other states that have such laws.
Why does it matter?
This case is significant for the integrity of federal elections. Requiring mail-in ballots to arrive by Election Day is not a hardship for absentee voters. By adhering to a specific deadline, it reinforces public confidence in election results, and safeguards fairness, legitimacy, and transparency in elections.
Our Take
Under federal law, an “election” occurs when ballots are both submitted and received by Election Day. State laws, such as Mississippi’s, that allow ballots to be counted after the election date set by Congress are invalid.
