Watson v. RNC
Mar 23, 2026
Episode description
Watson v. RNC | 03/23/26 | Docket #: 24-1260
24-1260 WATSON V. REPUBLICAN NATIONAL COMMITTEE
DECISION BELOW: 120 F.4th 200
CERT. GRANTED 11/10/2025
QUESTION PRESENTED:
The federal election-day statutes-2 U.S.C. § 7, 2 U.S.C. § 1, and 3 U.S.C. § 1-set the
Tuesday after the first Monday in November in certain years as the "election" day for federal
offices. Like all other States, Mississippi requires that ballots for federal offices be cast-marked
and submitted to election officials-by that day. And like most other States, Mississippi allows
some of those timely cast ballots (mail-in absentee ballots, in Mississippi's case) to be counted
if they are received by election officials a short time after election day (in Mississippi, within 5
business days after election day). Miss. Code Ann. § 23-15- 637(1)(a). In the decision below, the
Fifth Circuit held that the federal election-day statutes require that ballots be both cast by
voters and received by election officials by election day and thus preempt Mississippi's law.
The question presented is whether the federal election-day statutes preempt a state law
that allows ballots that are cast by federal election day to be received by election officials after
that day.
LOWER COURT CASE NUMBER: 24-60395
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