Cite as: 609 U. S. ____ (2026)
1
Opinion of the Court
NOTICE: This opinion is subject to formal revision before publication in the
United States Reports. Readers are requested to notify the Reporter of
Decisions, Supreme Court of the United States, Washington, D. C. 20543,
pio@supremecourt.gov, of any typographical or other formal errors.
SUPREME COURT OF THE UNITED STATES
_________________
No. 24–1260
_________________
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 BARRETT delivered the opinion of the Court.
Three federal statutes set the day for the election of Representatives, Senators, and the President. A Mississippi
law permits the counting of absentee ballots postmarked by
election day but received up to five days later. We must
decide whether the federal election-day statutes preempt
Mississippi’s law. They do not.
I
A
The Constitution’s Elections Clause empowers state legislatures to “prescrib[e]” the “Times, Places and Manner of
holding” congressional elections. Art. I, §4, cl. 1. Congress
may “ ‘override’ ” most of these choices. Foster v. Love, 522
U. S. 67, 69 (1997) (quoting U. S. Term Limits, Inc. v.
Thornton, 514 U. S. 779, 833 (1995)). By “default,” however, “responsibility for the mechanics of congressional elections” belongs to States. Foster, 522 U. S., at 69. As Alexander Hamilton put it, the Constitution lodges power over
congressional elections in state legislatures “primarily” and