The American Democracy Minute Radio News Report & Podcast for Nov. 14, 2025
Mail-in ballots are increasingly popular with voters. But when the U.S. Postal Service doesn’t deliver an otherwise eligible mail-in ballot in time by no fault of the voter, should it still be counted? The U.S. Supreme Court just accepted a case which could potentially disenfranchise those voters.
Watson v. Republican National Committee tests whether a voter officially casts a mail ballot when it’s postmarked, or when it’s received by election officials. A three-judge 5th Circuit Court of Appeals panel, ignoring several previous cases to the contrary, said Congress stipulates a single day for the election, and ballots cast after that day don’t count. It struck down a Mississippi law allowing eligible mail-in ballots that were postmarked on or before election day to be counted up to five days after election day.
Twenty-nine states have such rules, and the U.S. Election Assistance Commission says 46.8 million votes were cast by mail in 2024. The U.S. Postal Service’s own report shows that in 2024, over 119,000 ballots took over seven days to deliver.
When plaintiffs were denied an en banc rehearing with all Fifth Circuit federal judges, some dissented, saying such grace period rules had existed since the Civil War.
The case will be heard in 2026. We have the case documents at AmericanDemocracyMinute.org. I’m Brian Beihl.
Today’s Links
Articles & Resources:
American Democracy Minute – What’s Ahead for 2025: Mississippi Case Challenging the Counting of Mail-In Ballots After Election Day Likely Headed to U.S. Supreme Court
American Democracy Minute – (July) Americans Like Voting Early, and Other Lessons from the 2024 Election U.S. Election Assistance Commission Follow Up Report
U.S. 5th Circuit Court of Appeals – Opinion in Watson v. Republican National Committee
U.S. 5th Circuit Court of Appeals – Rejection of En Banc Rehearing, Including Dissents
Mississippi Today – U.S. Supreme Court agrees to hear Mississippi mail-in ballots case
National Conference of State Legislatures – Supreme Court to Hear Challenge to Mail Ballot Deadlines
SCOTUS Blog – Justices agree to decide major election law case
Groups Taking Action:
Vet Voice Foundation, Mississippi Alliance for Retired Americans
Register or Check Your Voter Registration:
U.S. Election Assistance Commission – How to Register And Vote in Your State
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