Supreme Court Asked to Uphold Mail-in Ballot Deadline

A coalition of election integrity organizations is urging the Supreme Court to support a lower court’s ruling that mandates mail-in ballots be received by Election Day.

Groups like the Honest Elections Project and the Center for Election Confidence have submitted briefs backing the Republican National Committee’s (RNC) challenge to Mississippi’s postmark rule. They argue federal law stipulates a single election date, meaning ballots need to arrive by then. The outcome of this lawsuit could affect similar postmark-dependent deadlines in 14 states before the 2026 midterms.

Proponents of the RNC’s stance believe that a ruling in their favor would set clear standards for when ballots should be received. Yet, they also note that simply rejecting late ballots doesn’t ensure that election outcomes won’t be influenced by those counted after Election Day.

“Counting ballots that arrive after the election undermines public confidence, delays results, and violates the law,” stated Jason Snead, the executive director of the Honest Elections Project.

Oral arguments for this case, Watson v. Republican National Committee, are set for March 23, with a decision anticipated by summer.

This lawsuit stems from the RNC’s challenge against Mississippi’s practice of counting mail-in ballots up to five business days post-Election Day, provided they are postmarked by then. The RNC took its case to the Republican-leaning Fifth Circuit Court of Appeals, which sided with them, asserting that federal law prevails over state regulations on deadlines for ballot receipt.

The central question here is whether having a single election date implies that all ballots must be in hand by that date to count. Election integrity advocates highlight an older Supreme Court decision, Foster v. Love, asserting that the act of voting must conclude on Election Day, hence no votes can be cast after.

Snead claimed a favorable ruling from the Supreme Court would “protect voters’ rights and the integrity of the democratic process, simplifying voting while curbing potential fraud.” The Election Integrity Coalition contends that allowing late-arriving ballots could extend the timeline for results and erode public confidence in elections.

They also referenced recent guidance from the U.S. Postal Service indicating postmarks may not always be reliable indicators of when ballots are sent.

Currently, 14 states and Washington, D.C., allow counting of ballots received after Election Day if they bear timely postmarks. However, beginning with the 2024 midterm elections, four Republican-leaning states—Kansas, Ohio, Utah, and North Dakota—will require ballots to be submitted by Election Day.

A ruling that upholds the Fifth Circuit could void laws across those 14 states and necessitate submission of ballots before polls close, significantly impacting the upcoming 2026 midterms. It’s worth noting, though, that military and overseas voting will likely remain unaffected under existing statutes like the Uniform Voting Act.