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| Wolfgang Vrede/PEXELS |
While the Supreme Court on Monday expressed skepticism about states accepting mail-in ballots that arrive after Election Day, an overwhelming majority of voters have already decided against the practice, according to a recent poll conducted just days before the high court heard oral arguments in Watson v. RNC.
As The Federalist’s Shawn Fleetwood reported, Watson “deals with a challenge to a Mississippi law authorizing absentee ballots to be accepted up to five days after Election Day so long as they are postmarked before or on the day of the contest.”
A survey of 1,600 likely voters conducted on behalf of the Honest Elections Project earlier this month found that 93 percent of Republicans, 83 percent of Independents, and 74 percent of Democrats agree ballots “should be received by Election Day.” While overall, 83 percent of those surveyed agree with this deadline, a significant majority — 57 percent — “strongly agree.”
The survey also found that 60 percent of likely voters agree officials should not count mail-in ballots if they are “received after polls close on Election Day.” This includes 80 percent of Republicans and, although not a majority, a significant 42 percent of Democrats.
A majority of respondents indicated that counting ballots received after Election Day polls are closed “endanger[s] public trust in elections.” Sixty percent total, including 79 percent of Republicans and 44 percent of Democrats, think this practice “makes it easier to cheat” in elections. However, an overwhelming 90 percent of Republicans and 68 percent of Democrats say requiring ballots to be received “by the end of Election Day makes elections more secure.”
Fifty-nine percent of likely voters surveyed indicated they “would not trust” election results in which late-arriving ballots were counted, including 76 percent of Republicans. As the Honest Election Project noted, Democrats are “split” on whether they would trust results that include ballots received after Election Day, “showing deep bipartisan distrust.” --->READ MORE HERE
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| Greg Thames/PEXELS |
‘Is that something we should be thinking about? Confidence in the election process? … Just curious how we factor that in here,’ Justice Kavanaugh said.
The U.S. Supreme Court appeared skeptical on Monday about the legality of state laws permitting election officials to accept mail-in ballots after Election Day.
The moment came during oral arguments for Watson v. RNC, which deals with a challenge to a Mississippi law authorizing absentee ballots to be accepted up to five days after Election Day so long as they are postmarked before or on the day of the contest. Mississippi appealed to the high court after the 5th Circuit Court determined that the state statute is preempted by federal laws designating an official Election Day.
Mississippi Solicitor General Scott Stewart opened Monday’s discussion by arguing that the federal Election Day statutes “adopt a simple rule: States must make a final choice of officers by Election Day.” He contended that they do not prohibit states from accepting ballots after Election Day so long as they are postmarked before or on that day.
Several of the court’s Republican appointees immediately pushed back on those claims.
Associate Justice Clarence Thomas kicked off the questioning by probing Stewart on his seemingly conflicting positions that the voter’s choice must “be made by Election Day” and “on Election Day.” He further pressed Stewart on when Mississippi considers an elector’s vote to be “final” — either when it’s been placed in the mail or formally received by the election official.
Justice Thomas challenges Mississippi’s defense of accepting mail-in ballots after Election Day in Watson v. RNC oral arguments. pic.twitter.com/8HgL6Ism5N
— Shawn Fleetwood (@ShawnFleetwood) March 23, 2026
Piggybacking off Thomas’ hypothetical about a voter giving his “mail-in ballot to [his] neighbor” for it to be delivered, Associate Justice Amy Coney Barrett similarly attempted to pin down Stewart on the issue. She pushed back on the Mississippi solicitor general’s claim that “submission [of a ballot] to mail or common carrier is … different … than, say, submitting it to a relative … or sort of a neighbor in that way.”
“What’s the difference? They’re not government officials,” Barrett said. --->READ MORE HERE
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