In a Surprising Pro-Voter Decision the U.S. Supreme Court Upholds Mississippi’s Five-Day Mail-In Ballot Grace Period



The U.S. Supreme Court surprisingly upheld Mississippi’s law allowing eligible mail-in ballots to be counted up to five days after election day.  The decision protects voters in the 29 states which allow receipt of absentee, mail-in, or overseas UOCAVA ballots after election day, if postmarked on or before that day.

In the June 29th opinion, conservative Justice Amy Coney Barrett wrote, “The federal election-day statutes do not preempt Mississippi’s law. The defining element of an “election”—the term used in all three federal statutes—has always been the electorate’s choice of candidate. And a related federal statute, the Uniformed and Overseas Citizens Absentee Voting Act  (UOCAVA), confirms that while federal law dictates when ballots must be cast, state law dictates when they must be received,” UNQUOTE.

Unsurprisingly, Justices Alito, Gorsuch and Thomas dissented, arguing that Congress set the Tuesday after the first Monday in November as the national standard election day in 1845.  Barrett countered in the opinion that the Republican National Committee did not challenge voting BEFORE election day, conducted in some form in 47 states. 

The decision comes at a time when U.S. Postal Service delivery standards have eroded, making grace periods even more critical to ensure disabled and rural Americans are not disenfranchised.  

We’ve linked to the Watson v. RNC decision at AmericanDemocracyMinute.org.  I’m Brian Beihl.

Today’s Links

Articles & Resources:

U.S. Supreme Court – Opinion in Watson v Republican National Committee
U.S. Supreme Court – Docket in Watson v Republican National Committee

SCOTUSBlog – Justices uphold state law allowing for late-arriving mail-in ballots
Brennan Center for Justice –  Friend-of-the-Court Brief in Watson v. Republican National Committee
National Conference of State Legislatures – Receipt and Postmark Deadlines for Absentee/Mail Ballots

 
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

American Democracy Minute – The Supreme Court’s Conservatives Appear Likely to End Mail-In Ballot Grace Periods, Affecting Dozens of State Laws and Millions of Voters

Groups Taking Action:
Asian Americans Advancing Justice – AAJCACLU MS, Leadership Conference on Civil and Human Rights, Campaign Legal Center

Register or Check Your Voter Registration:

U.S. Election Assistance Commission – Register And Vote in Your State


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