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No. 24-1260Jun 29, 2026Government Operations and PoliticsReversed and remanded

The question

Whether the federal election-day statutes prevent a state from counting absentee ballots that are postmarked by election day but received up to five business days afterward.

Watson v. Republican National Committee

What the Court decided

The Court reversed the Fifth Circuit and held that Mississippi may count absentee ballots postmarked by election day but received up to five business days later. The federal election-day statutes do not require ballots to be received by election day, so they do not preempt Mississippi's law. The case was remanded.

How the justices split

5-4
In favor 5Against 4
Barrett
Roberts
Sotomayor
Kagan
Jackson
Alito
Thomas
Gorsuch
Kavanaugh

The Court's opinion

Barrett, joined by Roberts, Sotomayor, Kagan, Jackson

The federal election-day statutes do not require absentee ballots to be received by election day, so they do not preempt Mississippi's rule counting ballots postmarked by election day and received up to five business days afterward.

Dissenting

Alito, joined by Thomas, Gorsuch; Kavanaugh as to all but Parts II-C-2 and III

Alito would hold that the federal election-day statutes require ballots to be received by election day, and therefore preempt Mississippi's law. Kavanaugh joined all but Parts II-C-2 and III.

How we know · 5 sourced claims
  • The Court held that federal election-day statutes do not prevent Mississippi from counting absentee ballots postmarked by election day but received up to five days thereafter.

    Source: syllabus, Held

  • The Court found nothing in the federal election-day statutes requires ballots to be received by election day.

    Source: syllabus, Held

  • The Fifth Circuit had held Mississippi's law preempted, and the Court reversed and remanded.

    Source: syllabus, Held

  • Barrett delivered the opinion of the Court, joined by Roberts, Sotomayor, Kagan, and Jackson.

    Source: syllabus, lineup

  • Alito filed a dissenting opinion joined by Thomas and Gorsuch, and by Kavanaugh as to all but Parts II-C-2 and III.

    Source: syllabus, lineup

Read the opinion on supremecourt.gov ↗