The Supreme Court appears likely to hand a significant victory to election integrity advocates by striking down a Mississippi law that allows for counting mail-in ballots nearly a week after Election Day. The decision could effectively nullify other similar state laws and eliminate a glaring threat to election security.
Late last month, the Supreme Court heard oral arguments in Watson v. Republican National Committee, a case concerning Mississippi’s COVID-era law that allows for mail-in ballots to count as long as they are postmarked by Election Day and received by election officials up to five days after Election Day.
The state enacted the law to accommodate voters who were concerned about leaving their homes in 2020 due to fear of contracting COVID – just one of many states which enacted similar measures. However, the rampant abuse of mail-in ballots and election malfeasance has raised concerns that the practice is corrupting election outcomes.
President Donald Trump has made reforms to mail-in voting a pillar of his election integrity agenda, going so far as to sign an executive order requiring the Postal Service to only mail out ballots to verified citizens. That order has already been challenged in court by more than 20 states, highlighting the deep partisan divide on mail-in voting and voter verification.
During the hearing, the Court’s conservative majority appeared sympathetic to the argument from the plaintiffs challenging the Mississippi law – namely the state Republican Party and Libertarian Party as well as the Republican National Committee. The case ended up at the Supreme Court after the Fifth Circuit Court of Appeals ruled in favor of the RNC and against Mississippi’s “grace period.”
The case is unusual in that conservative groups are challenging a law in a deep red state. The primary defendant in the case, Mississippi Secretary of State Michael Watson, is a Republican. In his official capacity, he administers Mississippi’s election laws – including the mail-in ballot rules being challenged.
The RNC argument hinges on the fact that federal law fixes Election Day as the first Tuesday after the first Monday of November. This has been set in stone since 1845, when Congress passed the Presidential Election Day Act.
According to the RNC, this means all ballots must be received by authorities by the end of Election Day and no later in order to count. Notably, this case does not appear to affect military voters, who are governed by a different federal voting law.
An exchange between Justice Clarence Thomas and Mississippi Solicitor General Scott Stewart, an attorney for the defendants, over when a ballot choice is considered “final” highlighted the central issue in the case. Attorneys for Mississippi argued that a ballot is final when it is placed in the mail.
But other justices blew a hole in this argument by asking if a ballot could be recalled by a voter. Justice Neil Gorsuch posed a hypothetical about late breaking news that tarnishes a candidate’s image, oftentimes called an “October surprise,” after which a voter may wish to recall his ballot.
Gorsuch then caught Stewart flatfooted and apparently ignorant of Mississippi’s laws by asking if a voter could ask FedEx, UPS, or the Postal Service to return his ballot so he could change his vote.
Stewart struggled to answer this question, ultimately stating that his state does not allow a ballot to be recalled. But while Mississippi law does not provide any mechanism for voters to recall or change a ballot once it has been cast, Gorsuch pressed the state’s attorney on whether that prohibition is explicitly stated in statute or simply implied.
Gorsuch’s point was that since the law does not clearly spell out when a ballot becomes “final,” it raises questions about whether a voter’s choice is complete upon mailing or only once it is received and accepted by election officials.
Stewart acknowledged that, in practice, Mississippi does not allow ballots to be recalled. But Gorsuch’s line of questioning suggested that the statutory framework leaves some ambiguity about when a vote is definitively cast – an ambiguity that goes to the heart of the case.
In short, if a ballot is not “final” until it is physically received by election officials, then it must be received by Election Day in order to comply with the law. The state argues that a ballot is “final” once it is mailed. But as the justices forced the defendants to admit, if a ballot can be recalled after it is mailed, then it is, by definition, not final. With those two conditions established, the state’s case falls apart.
This exchange prompted liberal Justice Sonia Sotomayor to step in to try to save Stewart, as the New York Post reported. The three liberal justices were generally sympathetic to Mississippi’s case.
During a different exchange, Gorsuch asked about a time-stamped video or a notary and if that could qualify as proof of a ballot being received on Election Day. Stewart again struggled through this question, forcing Sotomayor to interject again. Justice Samuel Alito responded by subtly calling out his liberal colleague, telling Stewart, “Well, Justice Sotomayor is asking you what I think she intends to be a friendly question.”
Yet despite the best efforts of Justice Sotomayor and her liberal colleagues to rescue Mississippi’s law, it appears that the state will lose its case, according to both conservative news sources and liberal outlets such as CNN, SCOTUSblog and the New York Times.
Other states that allow ballots to be counted days after Election Day could subsequently have their laws overturned as well. A final ruling is expected sometime in June.
AMAC Newsline contributor Matt Lamb is an associate editor for The College Fix. He previously worked for Students for Life of America, Students for Life Action, and Turning Point USA. He previously interned for Open the Books. His writing has also appeared in the Washington Examiner, The Federalist, LifeSiteNews, Human Life Review, Headline USA, and other outlets. The opinions expressed are his own. Follow him @mattlamb22 on X.
It used to be “Election Day,” not “Election Month!”
The DemoCHEATS will NEVER REST until ALL 20-million+ illegals, felons, dead people, 20+-million homeless, druggies, welfarites, terrorists, gang bangers, fraudsters, etc can vote, multiple times, without being questioned or having to showing ANY form of ID.
And mail-in ballots, ballot harvesting continue to be the normal practice, and ballots can be counted 30+ days BEFORE and AFTER ANY election. (Afterall, they have got to know how many more fraudulent ballots they need to print and count to guarantee that their Socialist/Communist candidates win).
Hope and pray the court gets rid of counting late votes..
We must get our country back and this is just the beginning..
Ballots must be in the hands of those doing the counting by the end of election day. Very simple. As far as “October surprise” that’s a risk that is assumed by a voter who votes early or votes by mail.
If we get true election integrity, the Democrats will never win again. They and the CCP are one and the same.
I was going to post this in my last one it’s a little off topic, but I just saw it on TV, the no king’s protest was financed by the CCP and planned over a year in advance so much for a groundswell popping up. As I said my other pose to CCP and the Democrat party are one and the same
Some of these voting rules are RIDICULOUS! DJT is correct; we need election DAY with a few exceptions for military or diplomats overseas and people with REAL illness or disabilities using absentee ballots! No mass-mailing to everyone [including illegals] who managed to get on the voter rolls! My cousin once got THREE ballots for the same election in CA!
This is but one of a great many methods of cheating and stealing elections that the Democrats utilize. I applaud any and all efforts to secure our elections, but this is barely a tiny dent in the overall problem.
That’s fantastic! I live in Mississippi and we have nothing but corrupt politicians here. Perhaps with their voter fraud disappearing we can get rid of them!
I’m still waiting for them to get rid of “birthright” citizenship.a law that was meant for freed slaves,not for everyone in the whole damn world!!!!!!
Again each state is undermining the elections by creating laws to have an election last months instead of one day. Early voting, no deadline on voting day. Maybe we should have a yearlong voting process to accommodate every conceivable problem to vote. I say no early voting, no mail in ballots nationwide. Not each state make up laws that would be pro dem or pro rep. It seems each state is making laws open to fraud. Court case After court case. The Supreme Court has heard so many cases under Obama and Biden and even more under Trump. The democrats are governing through the courts with bought justices. And if they don’t win they keep going to higher courts. When the SC makes a decision they even ignore it. Like Biden did with paying off student loans. No outrage there. The Ivy League schools student were happy. The middle class student attending local universities and colleges not so much. See they didn’t qualify. Voter fraud is rampant in this country. Stop the early voting stop the late ballots. Easy enough but will the democrats accept that. They will find a way around the law. They always do. That’s why they hate President Trump for he wants everything legal. The democrats finagle everything so they win to bring this country to ruin. Obama started it with his hatred for America.
Thank you Mr. Lamb. I am glad this voting time is before the supreme court. The COVID scare was real, no doubt, but fear does not change the law. Election Day has always been the same. I know so many healthy people{who go everywhere else} to request absentee ballots. But they make sure to mail them back to the board of elections before election day. We all know when that is, so hopefully this practice of waiting weeks before votes are counted, stops.
How about NO MAIL-IN BALLOTS at all?
Eliminate all mail in ballots except for the military and disabled citizens who would face hardship going to the polls. There may be a few other exceptions. However, massive mail in ballots undermine election integrity. There is one Election Day and the vast majority of people must vote, in person, on that day. All mail in ballots must be received two weeks before Election Day, otherwise they are void.
Is there not a law already, why is it no applied, would any of the “late” voters expect a train to wait for them if they are 2 hours late ?A Supreme Court judges who are biased must decide? We are beyond screwed up
I have no faith in either the supreme court or the states with these laws. there is no guarantee that the supreme court will rule against Mississippi. Even if they do, what;s to stop Mississippi and other states that allow counting ballots after election day what’s to stop these states from ignoring that ruling and continuing to count ballots after election day?
I do worry that if democraps can’t win by cheating in elections, and nobody will vote for them, they will turn to the next thing, violent revolt. They have already proven they have no issues with killing anyone they don’t agree with. Attempted Trump assassination, Charlie Kirk assassination, shooting at ICE officers. Democraps try to claim those were the acts of sick individuals, but on social media, they celebrate the murder of Christians and Jews, and MAGA. Therefore, I think it is safe to say, EVERY democrat is a potential murderer, and should be kept in isolation camps across the country under armed guard, for the safety of all decent people in the country. Tell me you don’t believe they would do the same to us, if they could. I also believe all conservative people lives are in danger from liberal leftists and democraps, because they want to kill all of us. Prove me wrong!
Arizona was a red state, and ballots always seemed to be counted by the end of election day. Oddly, while over the last few election cycles, ballots have been counted weeks after the election day … Arizona has turned very very purple. I frankly do not believe in coincidences.
Dems seem to want a ONE party system. If we get rid of late vote counting and noncitizens voting, they might just get their wish. It just may NOT be the ONE party they had in mind.
We want Election Day back. The Democrats destroy everything they touch. They know they cannot win an election fairly, so they win anyway they can. They cheat and lie.
This is NOT ONLY UN-CONSTITUTIONAL but defies ALL The Rules. ALL BALLOTS, mail in or not, NEED to be received by ELECTION DAY!! If they are not they shouldn’t be counted. Also Voting is an American Right-NOT THE RIGHT OF SOMEONE WHO JUST WALKED OVER OUR BOARDER. WE HAVE FOUGHT, DIED AND PAID FOR THIS RIGHT-SO DID OUR RELATIVES!!! ALSO ONLY LEGAL AMERICAN’S, NO BIRTH RIGHT CRAP!!! THE LEFT HAS COMPLETELY BENT OUR LAWS SO THEY CAN CHANGE THE NUMBERS OF VOTERS SO THEY CAN STAY IN POWER. They are dying to Change America!!! Go, Get Out, There are MANY, MANY COMMUNIST COUNTRIES AROUND THE WORLD. THIS IS OUR’S, LIKE I MENTIONED, WE HAVE GENERATIONS OF AMERICANS WHO HAVE FOUGHT & DIED FOR THIS RIGHT.
I AM SICK OF MUSLIMS INVADING OUR COUNTRY SO THEY CAN TAKE OVER !!!! GO BACK TO YOUR COUNTRY-THEY SPEAK YOUR LANGUAGE & HAVE THE LAWS YOU WANT!!! YOU ARE PUSHING US INTO A WAR, A REAL WAR!!!
Excellent explanation Matt! Thank you for informing us! Praying for election integrity and the SAVE act to pass in the Senate!
Isn’t it about time for”CHUCKY THE SCREAMER”to get on the steps of the Supreme Court building to rant and rave and continue to make a fool of himself or this time will it be”THE HACK JEFFRIES”,you just never know ,there are so many on that side of the aisle that are a bubble off of plumb.
When last i read the Constitution , it discussed Election Day in the SINGULAR . Therefore votes made cast or entered ( into a voting machine or onto a ballot ) on ANY day before or after DLECTION DAY , have NO Constitutional standing and are not valid .
I believe the Constitution requires to Amending in order to provide for States to make allow or provide flexible voting paterns .
I also beleive “Mail-in-ballots” provide Federal juristiction in elections .
The so called “ Ballot Drop Boxes“ that we have seen recently are un-official , privately owned and privately emptied of the ballots that have been dropped into them . As such , they are the functional equivilant of giving private individuals control of citizens‘ ballots (without their understanding ) .
What happens if a natural disaster prevents you from voting on election day? Are you disenfranchised? Floridians have had problems voting in the past owing to hurricanes. Look at the problems they had in western NC in2024 as a result of a natural disaster.
IMHO, only ballots received by election day should count. They should also be verified as an actual living resident CITIZEN, not a dead person or an illegal. Also, a legal photo ID should be required to vote, anywhere and anytime. If I have to have a photo ID to see a doctor, one should be required to cast a vote.
Supreme Court should Restore Voter Integrity as this is absolutely necessary and Lawful if a Righteous Democracy is to survive in all American States!
It’s about time the Supreme court does something with common sense that will benefit (and save) our country and stop the political positioning. It’s past time that we work to build America back up, not follow the globalist/socialist agenda that’s set on destroying our country.
“Election Day” is “Election frazzlin’ Day”!
Yeah, sure. I’ll believe it when I see it.
Election Day. No early voting either.
If you don’t understand that, then you don’t deserve to vote! So stay home and shut up!
Supreme Court? Poised to deliver?
Yeah. We’ll see…
I’ll believe it when I see it.
Mail in voting should not be allowed in any state whatsoever!!! Period!!!!!!!!!!!
Something has to be done to keep non-citizens from voting and until that happens, this stop needs to occur….stop votes that come in via mail weeks later -.yes Citizens were proud to vote (in my early youth – you saw lines and the newspaper had pictures) What has happened?? Now it has become a Bother or being paid for their votes!! Have the news media and nearly gone newspaper companies tossed the privilege of being a American citizen aside only because the dislike of the particular President!! We citizens are being led down the “rabbit hole” by the media’s rampant disrespect and crud that continues to be pounded into our ears, eyes and brains. There is NO respect for anything anymore….it’s not taught in most schools….kids are not taught to use their brains vs destructive actions for themselves. I’m afraid the medias has a greater influence on that then they are allowed to have because the information is always “half-truths”. Yes FREE speech is what America is all about but when it is allowed to coerce the young & old to destroy and hate without using their intelligence and brains by rioting and destroying then something has totally gone wrong/ How do we get respect back….look at congress….they can’t even be seen talking to each side…to find a way to make each side come together for votes…it seems to be “my way or the highway”….like SMALL CHILDREN that have not learned to be ADULTS for the position they hold and for what they are getting paid extreme amounts of money by many for their votes.
The United States is falling into muck unless we start seeing face to face what is happening to the respect and admiration that the United States stood for. Yes there was always the “stupid” trying get their face in the news but not no ones seems to have respect for the “GOOD citizens out there that want the BEST for AMERICA. NOT EVEN OUR CONGRESS! Thanks to the media!!
Our children need the BEST in AMERICA for EXAMPLES to BECOME WHAT AMERICA IS ALL ABOUT!!…..THE BEST!