(Slip Opinion)
OCTOBER TERM, 2025
1
Syllabus
NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
being done in connection with this case, at the time the opinion is issued.
The syllabus constitutes no part of the opinion of the Court but has been
prepared by the Reporter of Decisions for the convenience of the reader.
See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337.
SUPREME COURT OF THE UNITED STATES
Syllabus
WATSON, MISSISSIPPI SECRETARY OF STATE v.
REPUBLICAN NATIONAL COMMITTEE ET AL.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR
THE FIFTH CIRCUIT
No. 24–1260.
Argued March 23, 2026—Decided June 29, 2026
The federal election-day statutes set the day for the “election” of
Representatives, Senators, and the President on a Tuesday in
November. See 3 U. S. C. §1, 2 U. S. C. §§ 1, 7. Mississippi permits
certain residents, such as college students away from home and senior
citizens, to vote in federal elections by absentee ballot. Miss. Code
Ann. §23–15–713. Mississippi is one of roughly 30 States that count
at least some absentee ballots mailed by election day but received afterward. Absentee voters in Mississippi may dispatch their ballots by
mail or common carrier, and all absentee ballots must be “postmarked
on or before the date of the election and received by the registrar no
more than five (5) business days after the election.” §§23–15–
637(1)(a), (3).
In 2024, the Republican National Committee, the Mississippi Republican Party, and various individuals sued the Mississippi secretary
of state and several election officials, contending that federal law prevents Mississippi from counting absentee ballots received after election day. According to plaintiffs, the election-day statutes use the word
“election” to refer to two acts—ballot casting and ballot receipt—so by
setting the day for the “election,” these statutes set the deadline for
both. The Libertarian Party of Mississippi filed a similar suit, and the
District Court consolidated the cases, and then granted summary judgment to Mississippi. The Fifth Circuit reversed, holding that Mississippi’s statute is preempted because the federal election-day statutes
require ballots to be received by election day.
Held: The federal election-day statutes do not prevent Mississippi from
counting absentee ballots postmarked by election day but received up