Voting Rights and Democracy

Supreme Court Gets New Warning in Pending Case

The Democratic National Committee has filed an amicus brief in the Supreme Court’s upcoming election law case, a spokesperson for the DNC told Newsweek on Friday. In a press release, the DNC said, “If the Supreme Court rules for the RNC, voters around the country will be disenfranchised by mail delays, and key protections for military and overseas voters could be eliminated.”

Why It Matters

Watson v. Republican National Committee centers on whether Mississippi can count absentee ballots postmarked by Election Day but received up to 5 business days later.

Dozens of states, including Mississippi, allow mail-in ballots postmarked on or before Election Day to be counted if received within a certain timeframe. Mississippi accepts mail-in ballots from domestic, overseas and military voters within five business days of the election.

What To Know

In a forthcoming press release obtained by Newsweek, the DNC announced it filed an amicus curiae brief in Watson v. RNC.

The RNC and Mississippi’s Republican Party, as well as some voters, filed a suit against Michael Watson, Mississippi’s secretary of state, over mail-in ballot rules in 2024, arguing they threatened election integrity. A federal trial court judge upheld the state law, which was later struck down by the U.S. Court of Appeals for the 5th Circuit, arguing the state’s grace period conflicted with federal statutes.

In Mississippi’s petition to the Supreme Court, the state argues the 5th Circuit’s ruling “defies statutory text, conflicts with this Court’s precedent, and—if left to stand—will have destabilizing nationwide ramifications.”

Later in the filing, the state notes: “The rule the Fifth Circuit adopted would require scrapping election laws in most States. About 30 States and the District of Columbia accept some ballots that are mailed by election day but received after that day.”

The DNC says it filed the brief in an effort to “continue its fight for the rights of voters to securely cast their ballots nationwide, especially working families, seniors and Americans with disabilities, and members of the military who rely on mail-in and early voting to make their voices heard.”

Voting rules vary by state, with several setting specific deadlines. In Massachusetts, postmarked ballots must be received by 5 p.m. on the third day after the election, whereas in Maryland, they can be received within 10 days after the election, by 10 a.m. Some states specify that only postmarked ballots from overseas voters or military members are counted. Millions of Americans rely on mail-in voting options.

The Constitutional Accountability Center (CAC) has also filed an amicus brief on the matter.

In a statement to Fox News Digital, DNC chair Ken Martin said, “Republicans’ continued assault on mail-in voting is an attack on our democracy and is wholly un-American.”

What People Are Saying

DNC chair Ken Martin said in a statement on Friday: “Republicans’ continued assault on mail-in voting is an attack on our democracy and is wholly un-American. Donald Trump and the RNC want to limit the rights of voters because they know that when more eligible voters make their voices heard, Republicans lose. Voting by mail is safe, secure, and empowers voters who would otherwise struggle reaching a ballot box, including seniors and people with disabilities, members of the military and their families, and working families who are unable to take the day off to vote. The DNC won’t sit idly by as Republicans attack our electoral system — we will keep fighting like hell to ensure every eligible voter is able to have their vote counted.”

The Constitutional Accountability Center (CAC) said on its website: “CAC filed an amicus brief explaining why the Fifth Circuit’s interpretation is wrong and Mississippi’s law is lawful. Our amicus brief makes two principal points. First, the text and history of the federal election laws establish that “election day” is the deadline for casting ballots—not for receiving them…Second, historical practice reinforces this reading. During the Civil War, when absentee voting first emerged at scale, states across the Union and Confederacy enacted soldier-voting laws that expressly contemplated ballots being received after Election Day.”

What Happens Next

The Supreme Court said it would take the case in November and will hear it this term.

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