Watson v. Republican National Committee

Questions presented

SCOTUS records, cert granted 10 Nov 2025

The federal election-day statutes-2 U.S.C. § 7, 2 U.S.C. § 1, and 3 U.S.C. § 1-set the Tuesday after the first Monday in November in certain years as the "election" day for federal offices. Like all other States, Mississippi requires that ballots for federal offices be cast-marked and submitted to election officials-by that day. And like most other States, Mississippi allows some of those timely cast ballots (mail-in absentee ballots, in Mississippi's case) to be counted if they are received by election officials a short time after election day (in Mississippi, within 5 business days after election day). Miss. Code Ann. § 23-15- 637(1)(a). In the decision below, the Fifth Circuit held that the federal election-day statutes require that ballots be both cast by voters and received by election officials by election day and thus preempt Mississippi's law. The question presented is whether the federal election-day statutes preempt a state law that allows ballots that are cast by federal election day to be received by election officials after that day.

Opinion summary

Etalia.ai summary of the majority opinion

The case asked whether federal election-day statutes stop Mississippi from counting absentee ballots that are postmarked by election day but arrive up to five business days later. Justice Barrett wrote for the Court that they do not. The Court said the word election means the electorate’s choice of candidate, and that choice is made when voting is complete, not when ballots are received. The opinion relied on ordinary meaning, the structure of the election-day statutes, and UOCAVA, which repeatedly assumes that states may set ballot-receipt deadlines. The Court also said the Constitution’s treatment of presidential elections supports a distinction between the day of voting and later receipt of votes. It rejected arguments based on historical practice, Foster, and policy concerns, and said the challenge to post-election-day receipt alone did not show a conflict with federal law. The Court reversed and remanded.

Dissent summary

Etalia.ai summary of the dissenting opinions

Justice Alito, joined by Justices Thomas and Gorsuch, and joined by Justice Kavanaugh except for Parts II-C-2 and III, argued that federal law requires the electorate’s authoritative choice to be made on election day. He said that in a collective election the choice is embodied in the ballots collected and submitted to election officials, so ballots received after election day postpone the election beyond the federal deadline. He read Foster as requiring both voter and official action on election day, and said UOCAVA can be reconciled with a federal ballot-receipt deadline. He would have affirmed the decision below.