Watson v. Republican National Committee

The Supreme Court is poised to hear a challenge to a Mississippi law that allows for a grace period for mail-in ballots, where mail ballots sent by Election Day are counted if they arrive within a few days after Election Day. If the Court rules against Mississippi’s law, it would effectively end grace periods across 30 states, some of which were specifically designed to protect military and other overseas voters.

Filed on behalf of over 50 individual retired military leaders and diplomats, as well as eight organizations that represent military voters, military family member voters, and U.S. citizens living overseas, this friend-of-the-court brief explains why these laws are so important.

Background

In 2024, the Republican National Committee, Mississippi Republican Party, and Libertarian Party of Mississippi alleged that the Mississippi law is preempted by federal “Election Day” laws that require all states to have presidential and congressional elections on the first Tuesday of November. But these laws, enacted over a century ago, say nothing about when states must receive valid mail ballots. To the contrary, they only cover the day by which votes must be cast. There is a long history of states counting votes, especially military and overseas votes, that arrive after Election Day. A federal district court ruled against the challenge, but a panel of the U.S. Court of Appeals for the Fifth Circuit reversed and ruled in favor of the plaintiffs. The Supreme Court agreed to hear the case.

The Brief

Representing individual retired defense officials, military leaders, and diplomats, the Association of Americans Resident Overseas, Blue Star Families, the Chamberlain Network, the Federation of American Women’s Clubs Overseas, Secure Families Initiative, U.S. Vote Foundation, Veterans for All Voters, and We the Veterans and Military Families, the Brennan Center for Justice and the law firm Covington & Burling LLP filed a friend-of-the-court brief that highlights two points.

First, state grace periods help address the barriers that military and civilian overseas U.S. citizens face when it comes to voting. These voters might be deployed in a faraway combat zone or in a different state, or studying, working, preaching, or serving as a diplomat abroad. That means mailing a ballot is often the only way to exercise their right to vote. Since before the Civil War, states have developed voting processes like grace periods to accommodate the needs of military voters, their families, and other Americans living away from home. It would be egregious to now make it harder for them to vote.

Second, the argument for invalidating these state laws ignores that while Congress may preempt certain state election laws, it has consistently deferred to states when it comes to setting grace periods for receiving ballots. The brief walks through a number of federal laws, including the Uniformed and Overseas Citizens Absentee Voting Act of 1986, that facilitate military and overseas voting. By and large, Congress has incorporated states’ deadlines for receiving ballots into these laws rather than replace them.

Additional Friend-of-the-Court Briefs

Over a dozen other government entities, election officials, nonprofits, and legal scholars submitted friend-of-the-court briefs in support of Mississippi’s law. The briefs covered topics including textual and historical arguments favoring the law, as well as the practical effects for voters of color, voters with disabilities, and election officials.