Cite as: 609 U. S. ____ (2026)
1
ALITO, J., dissenting
SUPREME COURT OF THE UNITED STATES
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No. 24–1260
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MICHAEL WATSON, MISSISSIPPI SECRETARY OF
STATE, PETITIONER v. REPUBLICAN NATIONAL
COMMITTEE, ET AL.
ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
APPEALS FOR THE FIFTH CIRCUIT
[June 29, 2026]
JUSTICE ALITO, with whom JUSTICE THOMAS and
JUSTICE GORSUCH join, and with whom JUSTICE
KAVANAUGH joins as to all but Parts II–C–2 and III, dissenting.
Federal law designates “the Tuesday next after the first
Monday in November” as “election day,” 3 U. S. C. §21, and
provides that elections for federal office must be held on
that date. See 2 U. S. C. §§1, 7; 3 U. S. C. §1. As the Court
explains, an election is “the expression of the electorate’s
choice,” ante, at 7, but because the electorate is a collective
body consisting of many individuals, the way in which it expresses its choice is less straightforward than would be the
case if the electorate were a single individual. If the electorate were an individual, it could issue a document declaring that specified men and women were selected to fill the
federal offices for which the candidates had competed, but
because the electorate is a collective body, it cannot express
its selections in that way. Instead, its choices are embodied
in the collection of ballots cast by the individuals who make
up the electorate. Taken all together, this collection is the
equivalent of a single document declaring the winner of
each race. This expression of the electorate’s choices is conveyed to the responsible election officials when the collection of individual ballots is completed. At that point, the