The American Democracy Minute Radio News Report & Podcast for March 25, 2026
During oral arguments in Watson v. Republican National Committee on March 23rd, the U.S. Supreme Court’s majority appeared ready to end grace periods for mail-in ballots. A decision could come in the early summer, four months before the midterm.
Mississippi Solicitor General Scott Stewart and briefs by pro-voter groups argued that states were purposely given lawmaking flexibility by the U.S. Constitution and Congress, and Congress hadn’t changed its law. Fourteen states have grace periods for eligible regular ballots mailed before election day, and 29 states for UOCAVA ballots from military and overseas voters.
Arguing for the Mississippi Republican Party, former U.S. Solicitor General Paul Clement argued that historically, most states recognized that election day was the day by which all ballots must be received and counted, and states took QUOTE, “Herculean” steps to get ballots returned by election day during the Civil War. Justices Thomas, Alito and Gorsuch seemed to agree.
Justice Kagan asked Clement how, if Congress limited receipt of ballots to election day, could early voting be justified? Clement suggested it had a separate history. Justice Alito suggested having ballots counted after election day could lead to accusations of fraud.
A decision is likely in late June or early July, requiring another Herculean effort by states to communicate the changes before November 3rd. We’ve linked the transcript and more at AmericanDemocracyMinute.org. I’m Brian Beihl.
Today’s Links
Articles & Resources:
U.S. Supreme Court – Transcript of Oral Arguments in Watson v. Republican National Committee
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 appears ready to overturn state law allowing for late-arriving mail-in ballots
The Hill – Supreme Court seems wary of states counting mail ballots that arrive after Election Day
Related ADM Reports:
American Democracy Minute – March 23rd, U.S. Supreme Court Hears Mississippi Case Which Could Impact Mail-in Ballots in 14 or More States
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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