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RNC, Judicial Watch Press Supreme Court to Invalidate Post‑Election Mail Ballot Counts

The justices will hear the Mississippi case on March 23, with a decision expected by June that could reset ballot receipt rules in dozens of states.

Overview

  • The Republican National Committee filed a Supreme Court brief urging the justices to strike down Mississippi’s rule that counts mail ballots postmarked by Election Day if received within five days.
  • The RNC argues 19th‑century federal statutes establishing a single election day set a hard receipt deadline that preempts state laws allowing late‑arriving ballots, citing Foster v. Love.
  • Judicial Watch submitted a separate brief in the consolidated case on behalf of the Libertarian Party of Mississippi, asserting that counting ballots received after Election Day violates federal law.
  • Mississippi officials, including Secretary of State Michael Watson, contend an election is the act of voters making their choices and warn that eliminating receipt windows could harm military and overseas voters.
  • A unanimous Fifth Circuit panel previously invalidated Mississippi’s law; the Supreme Court has scheduled oral argument for March 23 at 10 a.m. ET, with a ruling expected by the end of June that could affect roughly 15 states and the District of Columbia, as well as many military and overseas voting regimes.