The Democratic National Committee filed amicus briefs with the Supreme Court on Thursday, aiming to challenge Republicans in a significant election law case. This sets the stage for a potentially pivotal court battle that could impact millions of mail-in ballots nationwide.
The Supreme Court will hear the case in November, titled Watson v. Republican National Committee, which revolves around whether states can count mail-in ballots that arrive within five days of an election.
This lawsuit, initiated by the Republican National Committee (RNC) and the Mississippi Republican Party, seeks to overturn state laws allowing late mail-in ballots—those postmarked by Election Day—to be counted if they arrive within that five-day window. The RNC argues this practice violates federal voting law, a claim that is strongly contested by various states and the DNC.
In a brief shared with Fox News Digital, DNC attorneys urged the Supreme Court to annul a lower court’s decision from the U.S. 5th Circuit Court of Appeals. They pointed out that many states accept mail-in ballots as long as they are postmarked by Election Day, emphasizing that voting by mail has long been a part of American electoral history, dating back to the Civil War.
“Historically, the term ‘election’ has generally referred to voters selecting officeholders, not just the technical act of counting ballots,” the DNC noted in its brief.
In a similar context, a swing state Supreme Court recently ruled on mail-in ballots sent without postmarks, raising further concerns about the consequences of the high court’s forthcoming ruling.
Thirty other states, along with the District of Columbia, have comparable laws, which amplifies worries about how the Supreme Court’s decision might disenfranchise voters, especially as midterm elections approach.
DNC lawyers stressed that mail-in voting serves numerous voters, including senior citizens, those with disabilities, and military personnel. They cautioned that if the Supreme Court sides with the RNC, it could result in massive disenfranchisement due to mail delays and might eliminate critical protections for military and overseas voters.
DNC Chairman Ken Martin criticized the RNC’s actions, calling the ongoing attack on mail-in voting reflective of a broader assault on democracy. “This is not what America stands for,” he expressed. He argued that voting by mail is essential for many, particularly those who can’t easily reach polling places.
In June, Mississippi’s attorney general appealed to the Supreme Court after the 5th Circuit ruled that the state’s mail-in voting procedures contravened federal law, stating all mail-in ballots must be cast and received by Election Day to count.
The court’s decision to take this case has already stirred some discontent, as many believe it could significantly affect millions of voters. Critics warn that the timing of any ruling might complicate the voting process for overseas voters, especially military members, leading up to the next midterm elections.
The RNC is advocating for the 5th Circuit’s ruling to be upheld, arguing that striking it down could create disorder and raise doubts about election integrity, particularly if numerous absentee ballots arrive late.
