Watson v. Republican National Committee · ¶73

Mississippi law allows some voters to cast absentee ballots, Miss. Code Ann. §23–15–713 (Cum. Supp. 2025), and provides that voters may submit these ballots to election officials by mail or common carrier, §23–15–637(1)(a). To be counted, absentee ballots must be postmarked by election day, and state officials must receive them no later than five days “after the election.” Ibid. Ballots arriving after that date “shall not be counted.” Ibid. The question we must decide is whether the provision allowing receipt of absentee votes after election day is consistent with federal law.

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