Campaign Legal Center’s Danielle Lang on Supreme Court Ruling in Watson v. RNC, a Win for Voters

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 — Today, in a 5-4 opinion in Watson v. Republican National Committee, the U.S. Supreme Court affirmed what the Constitution already makes clear: States have the authority to enact and enforce laws governing ballot receipt deadlines, subject to changes by Congress, and Congress has not passed any federal laws that would invalidate state deadlines for mail-in ballot receipt.  

Campaign Legal Center and Protect Democracy filed an amicus brief in this case, arguing that if Congress wanted to change ballot receipt deadlines, they would have done so when they passed the Electoral Count Reform Act (ECRA) in 2022. In its opinion, the Supreme Court specifically references the recent passage of the ECRA and its chosen language to support its holding.  

At the heart of this case was a challenge to a Mississippi law that allows for mail-in ballots postmarked by Election Day to be counted if received within five business days after an election. The Court, in today’s decision, rejected this challenge, pushing back against an attempt to limit the freedom to vote by disrupting laws in more than 30 states that safeguard voters from being impacted by mail delays beyond their control.

Danielle Lang, vice president for voting rights and rule of law at Campaign Legal Center, issued the following statement: 

“All voters, no matter how they cast their ballot, deserve the freedom to make their voices heard. This is a cornerstone of American democracy. And access to vote-by-mail, along with early voting and in-person voting, makes our democracy stronger by expanding access to the ballot for more voters. 

“With today’s ruling, voters can be assured that their right to vote by mail remains secure. States still have the constitutional authority to write their own election laws — including the more than 30 states with laws safeguarding voters from being impacted by mail delays beyond their control.”

Background:

Passed by Congress in 2022 and signed into law in 2023, the Electoral Count Reform Act (ECRA) updated the 1887 Electoral Count Act (ECA). The ECA and ECRA focus primarily on post-Election Day processes, including the certification of election results, guidance on resolving post-election disputes, the counting of electoral votes, and clarifying the administerial role of the vice president. 

Notably, despite making substantive changes to post-Election Day procedures in the ECRA, Congress did not disturb vote-by-mail or absentee ballot receipt deadlines. By statute, Congress has set the date of federal elections, but Congress has not passed a federal law that would prevent states from passing their own laws to count validly cast ballots received shortly after Election Day.

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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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