Supreme Court to Here Case That Could Disqualify Late-Arriving Ballots
WASHINGTON – The Supreme Court has agreed to hear Watson v. Republican National Committee, a case with the potential to invalidate ballots received after Election Day in some states. The dispute centers on the interpretation of an 1872 federal law stipulating that elections occur on “the Tuesday next after the 1st Monday in November, in every even numbered year.”
The Republican national Committee (RNC) argues this law mandates that all ballots be received by Election Day, challenging long-standing practices in several states that allow counting of ballots mailed before Election Day but arriving shortly afterward. The case specifically targets MississippiS practice, but a ruling could impact other states with similar policies.
The RNC’s argument rests on the claim that the completion of an election-and thus receipt of all ballots-must occur on Election Day itself.A Fifth Circuit Court of Appeals opinion supporting this view concluded that “receipt of the last ballot…constitutes consummation of the election, and it must occur on Election Day,” but offered no cited legal precedent for this conclusion.
The case arrives amid partisan debate over mail-in voting. Democrats have historically been more likely to utilize mail-in ballots than Republicans, and former President Donald Trump previously sought to restrict mail voting access. Legal observers note the Fifth Circuit’s rulings often lean further to the right than those of the Supreme Court, and the Court has previously overturned poorly reasoned Fifth Circuit decisions.
Despite taking up the case, many anticipate the RNC’s legal theory will not gain majority support among the justices, given its perceived weakness.
