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
7-2The Court's opinion
Barrett, joined by Roberts, Sotomayor, Kagan, Kavanaugh, 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.
Concurring
Gorsuch, writing alone
Gorsuch agreed with the judgment reversing the Fifth Circuit and filed a separate concurring opinion.
Dissenting
Alito, joined by Thomas
Alito would hold that the federal election-day statutes require ballots to be received by election day, and therefore preempt Mississippi's law.
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, Kavanaugh, and Jackson.
Source: syllabus, lineup
Alito filed a dissenting opinion joined by Thomas, and Gorsuch filed a concurring opinion.
Source: syllabus, lineup