In Watson v. RNC, decided June 29, 2026, liberal and conservative Supreme Court justices joined a noteworthy cross-ideological majority to uphold state grace periods for mail-in ballots. The decision, which went against President Donald Trump’s policy preferences, preserved the status quo, allowing states to accept and count mail-in ballots postmarked by Election Day but received after.

The case revolved around the meaning of “election day,” which federal law states is the Tuesday after the first Monday in November. The statute does not say anything about casting or counting ballots on or by Election Day.

The Constitution says the time, manner and place of elections will be managed by states. Thus, Mississippi’s Legislature passed a law in 2020 to count mail-in ballots if they are postmarked by and received within five days of Election Day. Thirteen other states and Washington also allow this grace period, which ranges from one day in Texas to 20 days in Washington. The Republican National Committee, the Mississippi Republican Party, the Libertarian Party of Mississippi and several individuals challenged the Mississippi law, saying it violates federal law because it allows the state to count votes received after Election Day.

Advocates argue that these grace periods are important, in part because irregularities in the postal service can make it difficult for people who use mail-in voting to get their ballots to an election official by Election Day. These challenges are more acute for people with disabilities and people living in remote areas or abroad.

As a legal scholar with expertise in veterans affairs, I’ve paid close attention to how the Watson v. RNC case could impact active-duty military and veterans, given the latter’s higher rates of disability and rurality.

Background on the decision

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