Recently the United States Supreme Court heard oral arguments in one of the most consequential election integrity cases in years – Watson v. Republican National Committee. The core question: Does federal law require that mail-in ballots be received by Election Day, or can states extend that deadline by days – or longer – after the election has concluded?
This is a case the ACLJ has been fighting. As we reported earlier this year, we filed an amicus brief at the Supreme Court on behalf of 29 Members of Congress – urging the Court to hold that Election Day means exactly what it says: one day. The arguments we put before the Court echoed throughout the chamber.
Mississippi passed a law allowing absentee ballots postmarked by Election Day to be counted if received up to five business days after the election. Mississippi is one of 14 states with such a grace period. The Republican National Committee sued, arguing the practice is preempted by the federal statutes that Congress enacted in 1845 and 1872 establishing a single, uniform Election Day for federal elections.
Take action with the ACLJ. Add your name to our petition: Defend Election Integrity.
The ACLJ’s Arguments Took Center Stage
Election Day means a single day. The central pillar of our brief was that Congress exercised its explicit constitutional authority to establish Election Day as one specific day – not a window, not a period. Justice Alito made this exact argument from the bench, noting that Labor Day, Memorial Day, and Independence Day are all particular days, not extended periods – and Election Day should be no different. That is the ACLJ’s argument, made on behalf of 29 Members of Congress, now voiced by Justice Alito.