Watson v. Republican National Committee · ¶54

Plaintiffs also stress that Mississippi’s law may give rise to the appearance of fraud because election results may appear to flip after election day. See, e.g., Brief for Republican Respondents 47–48; Brief for United States as Amicus Cu riae 29; accord, post, at 20–21. This is a significant concern. See Democratic National Committee v. Wisconsin State Leg islature, 592 U. S. 1039, 1047 (2020) (KAVANAUGH, J., concurring in denial of application to vacate stay) (discussing the “chaos and suspicions of impropriety that can ensue if thousands of absentee ballots flow in after election day and potentially flip the results of an election”). But even under plaintiffs’ interpretation, last-minute flips are possible, because the election-day statutes set no deadline for counting ballots or certifying election results. Brief for Respondent Libertarian Party of Mississippi 13.

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