Watson v. Republican National Committee

Summary

Justice Barrett, joined by Chief Justice Roberts and Justices Sotomayor, Kagan, and Jackson, held that the federal election-day statutes do not preempt Mississippi’s allowance for counting absentee ballots postmarked by election day but received up to five business days afterward. Those statutes govern when voters must make their choices, not when election officials must receive ballots; UOCAVA reinforces state authority over receipt deadlines. The possibility of ballot recall did not establish that post-election-day receipt itself was unlawful. The Court reversed the Fifth Circuit and remanded. Justice Alito dissented, joined by Justices Thomas and Gorsuch and, except for Parts II–C–2 and III, Justice Kavanaugh. The dissent would affirm because the electorate’s collective choice becomes authoritative only when officials have collected its ballots, and it viewed text, history, precedent, and election-integrity concerns as supporting an election-day receipt deadline. Outside confirmation could not be performed with the available tools.