The American Democracy Minute Radio News Report & Podcast for March 23, 2026
The U.S. Supreme Court hears Watson v. Republican National Committee Monday, March 23rd. It’s a Mississippi case determining whether the U.S. Constitution and federal law allow states to offer grace periods for otherwise eligible mail-in ballots to be counted after election day. The outcome could affect tens of thousands of voters in 14 states.
The 2020 Mississippi law allowed mail-in ballots postmarked by election day to be counted up to five days after election day. During this same period, U.S. Postal Service delivery standards have eroded, and postmarks less reliable.
In 1845, Congress passed the Presidential Election Day Act, standardizing Presidential election day as the first Tuesday in November. The RNC argues the law must be interpreted as ALL ballots must be received on or BEFORE that day. Such an interpretation could disenfranchise eligible voters, whose ballot was delivered late by no fault of their own.
The National Conference of State Legislatures counts 14 states which allow mail-in ballot grace periods for regular mail-in ballots, and 29 states which allow grace periods for militarK and overseas ballots. A third of U.S. ballots were cast by mail in the 2024 election.
Should the high court rule for the RNC, the impact on the 2026 midterm could be substantial. We have a list of the states which could be affected and a link to hear the oral arguments at AmericanDemocracyMinute.org. I’m Brian Beihl.
Today’s Links
Articles & Resources:
Mississippi Today – (2025) U.S. Supreme Court agrees to hear Mississippi mail-in ballots case
U.S. Supreme Court – Docket for24-1260 WATSON V. REPUBLICAN NATIONAL COMMITTEE
U.S. Congress – (1845) H.R.80 – A Bill To establish a uniform time for holding elections for members of the House of Representatives, and for electors of President and Vice President, in all the States of the Union.
SCOTUSBlog – Court to hear argument in case that could have significant impact on 2026 elections
SCOTUSBlog – (Opinion) – The Supreme Court’s new voting case will test its supposed nonpartisanship
National Conference of State Legislatures – Receipt and Postmark Deadlines for Absentee/Mail Ballots
Related ADM Reports:
American Democracy Minute – (2025) Can Mail-In Ballots, Eligible in Every Other Way, Be Counted if They Arrive After Election Day? The Question will be Heard in the U.S. Supreme Court
Groups Taking Action:
League of United Latin American Citizens (LULAC), Campaign Legal Center, League of Women Voters/ACLU
Register or Check Your Voter Registration:
U.S. Election Assistance Commission – How to Register And Vote in Your State
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