UPDATE: On June 29, 2026, the U.S. Supreme Court ruled in Watson v. RNC (2026) that federal election-day statutes do not prevent Mississippi’s mail-in ballot grace period. Writing the majority opinion for the Court’s 5-4 decision, Justice Amy Coney Barrett argued federal election-day statutes only “require the electorate’s choice to be made on election day” and do not include a deadline for when a ballot should be received. And without any mention of ballot receipt in election-day statutes, Justice Barrett emphasized that the Court “cannot add to the words Congress chose” for these statutes, therefore making it permissible for Mississippi to accept mail-in ballots postmarked by Election Day up to five days after an election. Despite the majority’s argument, Justice Samuel Alito disagreed in the dissenting opinion, writing that Mississippi’s mail-in grace period “postpones the date on which the electorate’s choice is made” and undermines the election-day statutes’ designation of an Election Day.
The Watson decision garnered several responses from officials. Critics like President Donald J. Trump called the Court’s decision “a tremendous loss” and pushed for the passage of the Safeguard American Voter Eligibility (SAVE) Act, which would limit the use of mail-in ballots for most voters. Senator Eric Schmitt (R-MO) also spoke out against the decision, pointing to the potential adverse effects the decision could have on election integrity. Meanwhile, supporters like Michigan Attorney General Dana Nessel applauded the decision for respecting “the flexibility states need to accommodate voters who face hurdles.” Director of the American Civil Liberties Union’s (ACLU) Voting Rights Project Sophia Lin Lakin supported the decision too, noting how the decision ensures voters will not “lose their voice because a postal truck ran late.”
What Does Mississippi’s Mail-In Ballot Statute Allow?
On July 8, 2020, Mississippi passed Mississippi H.B. 1521, an amendment to the state’s election code. H.B. 1521 allows mail-in ballots to be counted as long as they are postmarked, or stamped with the date they were first processed at a United States Postal Service (USPS) facility, by Election Day and received no more than five business days after an election.
At the time of the bill’s passage, this five-day “grace period” was meant to ensure individuals’ mail-in ballots were not discounted if they arrived after Election Day amid the COVID-19 pandemic, which spurred “unforeseen and uncontrollable challenges” for the USPS. Some of these “challenges” included greater package volumes and absent employees. Since then, H.B. 1521, once seen as a temporary COVID-era measure, has become permanent. In the most recent presidential election, over 23,000 Mississippians voted before the election or via mail.
How Does the Statute Relate to the Recently Argued Supreme Court Case, Watson v. RNC?
On March 23, 2026, the U.S. Supreme Court heard oral arguments for Watson v. Republican National Committee (RNC). The case was brought forth by Michael Watson, Mississippi’s Secretary of State, who appealed to the Supreme Court last year after the U.S. Court of Appeals for the Fifth Circuit ruled Mississippi’s mail-ballot statute violated federal election law.
Prior to reaching the Supreme Court, the Mississippi mail-in ballot statute was initially challenged by the Republican National Committee, the Mississippi Republican Party, the Libertarian Party of Mississippi, George County Election Commissioner Matthew Lamb, and former Hinds County Republican Chair James Perry. With the plaintiffs in this initial case now the defendants in Watson v. RNC, the Supreme Court justices must decide whether the federal election code that establishes the 1st Monday of November as Election Day invalidates Mississippi’s mail-in ballot grace period.
Who Supports the Statute?
As the Supreme Court grapples with Watson v. RNC, support for Mississippi’s mail-in ballot statute has poured in from some elected officials and legal professionals. Mississippi Attorney General Lynn Fitch has stood by the lawfulness of the statute, arguing that federal election-day statutes “require only that the voters cast their ballots by election day” even if all ballots have not been received by that day. Besides Fitch, Mississippi Solicitor General Scott Stewart has defended Mississippi’s mail-in ballot statute by citing states’ “broad power over elections” in Article I, Section 4 of the Constitution. Meanwhile, Marc Elias, the Firm Chair of Elias Law Group, has said that the Mississippi statute prevents ballots from being thrown out due to mail delays, “something that is often entirely out of the voters’ control.” Some non-profit leaders have also applauded the statute, with Rebekah Caruthers, president and CEO of the Fair Elections Center, saying that the statute’s grace period makes it easier for people to vote.
Who Opposes the Statue?
Mississippi’s mail-in ballot statute has been criticized by attorneys for the defendants in Watson v. RNC, who have stated that Election Day has a “fixed meaning” and ballots should be received by Election Day. Ally Triolo, the communications director for the RNC’s Election Integrity efforts, has also pushed back against the statute, contending that it can undermine elections and voter confidence by prolonging elections “for days and weeks after voters have cast their ballots.” Other groups, like Gun Owners of America, have spoken out against Mississippi’s mail-in ballot statute too, arguing that the longer an election takes place, the higher the risk for election fraud.
What Happens If the Supreme Court Strikes Down the Statute?
Although a decision in Watson v. RNC is not expected until late summer, the overturning of Mississippi’s mail-in ballot statute could lead 14 states who have similar mail-in ballot grace periods to change their rules. For its part, Mississippi already has a “trigger” bill in place that would immediately go into effect if the Court ruled that Mississippi’s mail-in ballot statute violated federal election law. This bill, known as H.B. 908, would require all mail-in ballots to be received the day before Election Day.
Some opponents worry that new rules like these would not only make it harder for some people to vote, but would sow confusion ahead of the November midterms. Yet passing down a voting-related decision ahead of an election would not exactly be unprecedented for the Court, as the Court previously blocked an attempt by Wisconsin officials to allow mail-in ballots to be received six days after Election Day ahead of the 2020 presidential election in Democratic National Committee v. Wisconsin State Legislature (2020). And with President Donald J. Trump recently signing an executive order limiting mail-in voting to only eligible voters identified by the Department of Homeland Security, the Supreme Court’s future decision in Watson v. RNC could help reshape the methods in which Americans can vote.