Watson v. RNC (2026)

Federal law sets the Tuesday after the first Monday in November as Election Day for Congress and presidential electors, a rule dating to 1845 for presidential electors and 1872 for the House. As mail voting grew, many states began counting ballots postmarked by Election Day that arrive a few days later, and roughly 30 states count at least some such ballots. Mississippi allows mail ballots postmarked by Election Day to be counted if they arrive within five business days.

The Republican National Committee and others sued, arguing that the federal statutes require ballots to be received, not just cast, by Election Day. A federal appeals court agreed and held Mississippi's law preempted, and the Supreme Court took the case. On June 29, 2026, the Court ruled 5 to 4 that nothing in the federal Election Day statutes requires ballots to be received by Election Day, so states may count timely mailed ballots that arrive afterward. Four justices dissented, arguing that an election is not complete until ballots are in the hands of election officials.

The ruling preserved the rules in place in many states for the 2026 midterms, including large states that count late-arriving mail ballots, and left the receipt deadline to state legislatures and to Congress. Supporters of late receipt deadlines say they protect voters, including service members overseas, from postal delays beyond their control. Critics say they prolong counting, invite doubts about results, and should be ended by state law or federal legislation, and some states changed their deadlines in response to the debate.