Supreme Court Takes Mississippi Mail‑Ballot Grace Period Case
The Supreme Court will hear oral arguments Monday in Watson v. RNC, a case testing whether Mississippi and at least 13 other states may continue counting mail ballots that are postmarked by, but arrive after, Election Day. The Republican National Committee and state GOP argue that 19th‑century federal statutes establishing a single Election Day for congressional and presidential races require ballots to be both cast and received by that Tuesday, and that Mississippi’s five‑day grace period conflicts with federal law. A district court upheld the state’s deadline, but the 5th Circuit reversed, ruling that the federal Election Day statute preempts Mississippi’s law; state officials are now asking the justices to reinstate their grace‑period system. Four states, including Ohio and Utah, recently eliminated similar grace periods, while 14 states and Washington, D.C., still allow some late-arriving domestic ballots and 29 states plus D.C. accept certain military and overseas ballots received after Election Day. The decision could reshape how close federal races are counted, especially in states that rely heavily on mail voting as partisan battles over mail ballots and alleged fraud remain a central feature of national politics.
📌 Key Facts
- Case: Watson v. RNC challenges Mississippi’s law allowing mail ballots postmarked by Election Day to be counted if received within five days.
- A 5th Circuit panel held that federal statutes establishing Election Day require ballots to be received by that day, invalidating Mississippi’s grace period.
- Four states eliminated grace periods last year, while 14 states plus D.C. still allow some late-arriving domestic ballots and 29 states plus D.C. accept certain military/overseas ballots after Election Day.
📊 Relevant Data
In the 2020 US election, 67% of Asian American voters voted by mail, compared to 51% of Hispanic voters, 45% of White voters, and 38% of Black voters.
The voting experience in 2020 — Pew Research Center
In Georgia's 2020 primary election, mail ballot rejection rates were 0.9% for White voters, 1.6% for Black voters, 1.9% for Latino voters, and 2.4% for Asian voters, with over 70% of rejections due to late arrival.
Digging into the Georgia Primary — Brennan Center for Justice
In Florida during the 2020 election, Black, Hispanic, and Asian voters had their mail ballots flagged for errors at twice the rate of White voters.
In key battlegrounds, voters of color see ballots marked for rejection at higher rates — NBC News
Mail voting fraud in US elections, including 2020, is exceedingly rare, accounting for only 0.000043% of total mail ballots cast, or about four cases out of every 10 million mail votes.
Mail voting fraud: Data points to low risk and high benefits for voters — Brookings Institution
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