Mail-in ballots are inspected at the Los Angeles County Ballot Processing Center on Nov. 4, 2025, in California. (Gina Ferazzi / Los Angeles Times via Getty Images)
Oral arguments in the case, Watson v. Republican National Committee, are set for March 23, and a decision is expected by the summer.
The case arose from a lawsuit brought by the RNC challenging Mississippi’s practice of counting mail ballots received up to five business days after Election Day if postmarked by that day.
The RNC chose to bring the case in the Republican-friendly U.S. Circuit Court of Appeals for the 5th Circuit, which ruled in the RNC's favor and found that federal law trumps the state's deadline and requires ballots to be received by Election Day.
At issue is whether statutes establishing a single Election Day mean that all ballots must be received by that day to be valid. The election integrity groups argued that under the Supreme Court’s decision from three decades ago in Foster v. Love, the "final act of selection" must occur on Election Day and that receipt of a mail-in ballot constitutes casting a ballot, which cannot happen after Election Day by that standard.
The Supreme Court building is seen in Washington, D.C. (AP/Jon Elswick)
Fourteen states and Washington, D.C., currently count ballots received after Election Day if postmarked on time.
Since the 2024 midterm election, four Republican-controlled states, Kansas, Ohio, Utah and North Dakota, have moved to require receipt by Election Day.
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A ruling upholding the 5th Circuit could invalidate the laws in the 14 states and require ballots to be in election officials’ hands by the close of polls. The decision is expected to affect the 2026 midterms.
Military and overseas ballots, which are governed by the Uniformed and Overseas Citizens Absentee Voting Act, would likely remain unaffected.
Ashley Oliver is a reporter for Fox News Digital and FOX Business, covering the Justice Department and legal affairs. Email story tips to ashley.oliver@fox.com.
https://www.foxnews.com/politics/election-integrity-groups-urge-scotus-strike-down-laws-allowing-ballots-received-after-election-day