Watson v. Republican National Committee · ¶118

What happens if a courier offers a recall service? The majority’s rule apparently rests on the notion that a voter has made a “final selection of an officeholder” once the voter tenders a ballot to the party who will deliver it. Ante, at 7 (quoting Foster, 522 U. S., at 71). But the Postal Service allows its customers to recall mail mid-transit, as do many private parcel services. See, e.g., United States Postal Service, Mailing Standards of the United States Postal Service, Domestic Mail Manual §507.5 (Apr. 6, 2026). Given that fact, is a voter’s “selection” truly “final” when he or she puts a ballot in the mailbox? The majority dodges this question, offering the passing suggestion that Mississippi’s statute would be preempted only insofar as it allows voters to recall their ballots. Ante, at 21–22. May the Fifth Circuit hold as much on remand? Must state law expressly prohibit voters…

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