The Supreme Court heard arguments about laws that allow mail-in ballots to be counted five days after Election Day, as long as they are postmarked by Election Day. Fourteen states permit these ballots to be counted within that period, but a legal challenge in Watson v. RNC, which had its oral argument on Monday, could shorten this window. The court appeared ready to restrict it, potentially undermining a favored Democratic election strategy for certain elections.
The case, Watson v. RNC, challenges a Mississippi law that allows mail-in ballots to be received up to five days after Election Day, as long as the ballot is postmarked by Election Day. Fourteen states and the District of Columbia also allow mail-in ballots to be received after Election Day.
Jason Snead, executive director of the Honest Elections Project, said the case would give an opportunity for mail-in ballot laws to be uniform across the country.
“Federal law clearly states that ballots must be received by Election Day,” Snead told The Center Square. “Despite this, states continue to allow absentee ballots to pour in days or even weeks late.”
In Illinois, mail-in ballots can be received up to 14 days after Election Day. Lawyers for the RNC argued that the federal government sets a date for federal elections and that all ballots need to be available for counting by that date.
Lisa Dixon, executive director at the Center for Election Confidence, said delayed mail-in ballot receipt deadlines became more prominent during the COVID-19 pandemic. She said a ruling in favor of the RNC would still allow states to accept late mail-in ballots for nonfederal elections.
Lawyers for Mississippi have argued that upholding a strict receipt deadline would jeopardize ballots for military and overseas voters. However, Congress’ passage of the Uniformed and Overseas Citizen Voting Act established requirements for states to send absentee ballots 45 days before a federal election.
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