Campaign Legal Center and Protect Democracy Urge the U.S. Supreme Court to Uphold Mail-In Ballot Laws

Date
Case
Protecting States’ Ability to Count Mail-In Ballots Cast Before Election Day and Received by a Later Deadline (Watson v. Republican National Committee)
Issues
Voting and Elections

Washington, DC — Today, Campaign Legal Center (CLC) and Protect Democracy filed an amicus brief urging the U.S. Supreme Court in the Watson v. Republican National Committee case to uphold each state’s constitutional ability to set rules for receiving and counting mail-in ballots.

The Supreme Court is set to hear arguments in Watson v. Republican National Committee, a case challenging a Mississippi law that allows mail-in ballots postmarked by Election Day to be counted if they are received within five business days after an election. This challenge is a direct contradiction to the power that states have to set laws governing ballot receipt deadlines.

In 2022, led by Sens. Joe Manchin and Susan Collins, Congress passed the Electoral Count Reform Act (ECRA), which made substantial updates to post-Election Day processes originally established under the 1887 Electoral Count Act. Notably, Congress intentionally designed the ECRA not to disturb vote-by-mail and absentee ballot receipt deadlines set by states.

“Many states across the political spectrum give voters secure ways to exercise their freedom to vote by mail,” said Adav Noti, executive director at Campaign Legal Center. “The Supreme Court must uphold states’ authority to enact these long-standing laws that protect voters from being disenfranchised by mail delays outside their control.”

“The Constitution grants states both the authority and duty to administer elections, as the Founders believed states are best positioned to exercise this critical democratic role,” said Jane Bentrott, counsel at Protect Democracy. “Mississippi’s law is consistent with the Constitution, and it allows voters whose ballots are postmarked by Election Day to participate in our democracy.”

Follow the latest updates on this amicus brief via Campaign Legal Center’s case page.

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The nonpartisan Campaign Legal Center advances democracy through law. We safeguard the freedom to vote, defend voters’ right to know who is spending money to influence elections, and work to ensure public trust in our elected officials.

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