Skip to main content
Day.News — Local News. Real Community.
COLUMBUS DAY NEWS
Local News. Real Community.
politics
2 min read

Supreme Court Upholds Mississippi Law Allowing Ballots Counted Up to Five Days After Election

The Supreme Court sided with Mississippi on Monday, allowing the state to count mail-in ballots postmarked by Election Day but received within five days after. The 5-4 decision rejected challenges from the Republican National Committee and other groups who argued federal law required ballots to arrive on Election Day itself.

07/13/2026 · West Virginia edition

Advertisement

Advertisement

The Supreme Court upheld a Mississippi law Monday that permits election officials to count mail-in ballots received up to five days after Election Day, provided they carry an Election Day postmark.

Justice Amy Coney Barrett wrote for the five-justice majority in *Watson v. Republican National Committee*, concluding that federal election-day statutes do not establish a deadline for when ballots must arrive at election offices, only when voters must cast them. Chief Justice John Roberts and Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson joined her opinion.

Barrett stated that "the election-day statutes require the electorate's choice to be made on election day. That occurs so long as election day is the deadline for individuals to vote—as it is in Mississippi. But the election-day statutes do not set a deadline for ballot receipt."

The Republican National Committee, Mississippi Republican Party, a state voter, and a county election official challenged the law in federal court in Gulfport. The Libertarian Party of Mississippi filed a related lawsuit weeks later, and the cases were combined. The challengers argued the Mississippi rule conflicted with an 1845 federal law designating the Tuesday after the first Monday in November as Election Day.

A federal district judge upheld the law, finding that Congress established a national Election Day to prevent voters from casting ballots in different states on different days and to ensure earlier election results did not influence later ones. The judge concluded neither concern applied to a five-day window for ballots postmarked by Election Day.

The U.S. Court of Appeals for the 5th Circuit reversed that decision, holding that federal law required all ballots to arrive by Election Day. Mississippi appealed to the Supreme Court, which agreed to hear the case in November.

Barrett rejected the argument that 19th-century election-day laws necessarily reflected 19th-century voting practices. She noted the theory would threaten early voting itself, since polls historically opened only on Election Day. "Historical practice, detached from statutory text, is not controlling," she wrote.

Barrett also pointed to a federal law requiring states to allow military and overseas voters to cast absentee ballots. That statute "presupposes that the deadline for ballot receipt is uniformly a matter of state law," she wrote, and "would make little sense" if ballots had to arrive by Election Day.

She dismissed arguments that Election Day receipt requirements protect election integrity as policy matters for legislatures, not courts. "The question today is not whether requiring ballots to be received by election day is a good or bad idea; the question is whether the idea has made its way into the United States Code."

Justice Samuel Alito dissented, arguing that historically, completing an election on a particular day meant collecting ballots on that day. Justices Clarence Thomas and Neil Gorsuch joined his opinion. Justice Brett Kavanaugh joined most of Alito's dissent.

Alito acknowledged that mail voting and early voting are now widespread and lawful. He contended, however, that federal law requires the critical act—collection of all ballots—to occur on Election Day, as it did when voting happened only in person.

Mississippi adopted the law in 2020 in response to the COVID-19 pandemic. The decision comes four months before the 2026 midterm elections.

Related Topics

Editorial Transparency
AI-Generated · Written by National Desk

Article Ratings

Factual
0.0
Likeable
0.0
Bias
0.0
Objective
0.0

How do you feel about this story?

NA

National Desk

Trust 3.1102445 articles8,231,170 views75% fact accuracy
View Profile

Sign in to follow this author from their profile.

Discussion (0)

Join the Conversation

Join the conversation

Sign in to share your thoughts, reply to readers, and like comments.

Sign in to comment
Sort by:
0 comments

No comments yet. Be the first to comment!

Trending Now

Trending stories will appear here.

More from West Virginia

No other local stories are available right now.

Events & Things to Do

Read section →

Upcoming events will appear here.

Advertisement

Advertisement

Keep Reading

Related Stories

More politics stories from West Virginia

politics

Republican Groups Invest Millions in Congressional Race Advertising

Republican organizations have committed over $700 million to new advertising in congressional races since September 1. A super PAC associated with former President Trump has contributed significantly to this spending.

Read Story →
politics

Midterm Elections Nearing: Parties Focus on Final Weeks of Campaigning

With less than a month remaining before the midterm elections, political parties are engaging in their final campaign efforts. Numerous races across the United States will determine the composition of Congress and various state offices.

Read Story →
politics

Kornacki Details Midterm Outlook One Month from Elections

NBC News chief data analyst Steve Kornacki discussed the latest polling numbers for the upcoming midterm elections. He outlined the current positions of the Senate and House races, identified key battleground states, and addressed major voter concerns.

Read Story →
politics

Local Officials Report Increased Polarization Driven by Cost of Living and Immigration

Local government officials report rising tensions in their communities. Cost of living issues significantly contribute to these divisions, while immigration emerges as the most polarizing national topic.

Read Story →
politics

Trump Tours Four States Ahead of Midterm Elections

President Donald Trump plans visits to four states over five days as midterm elections approach. He has highlighted economic issues during these campaign stops. The president also discussed mail-in voting and campaign advertisement funding.

Read Story →
politics

Campaigns Enter Final Month for 2026 Midterm Elections

With four weeks remaining until Election Day, citizens have started voting in the 2026 midterm elections. Campaigns across the country are entering their final month.

Read Story →
Scroll for more stories