What Next | Daily News and Analysis You Mailed in Your Ballot. Will It Count?
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Mar 23, 2026 Jay Willis, attorney and Supreme Court writer, breaks down Watson v. RNC and the fight over what counts as election day. He explores state mail-in grace periods, why late-arriving ballots often lean Democratic, and how historical originalist arguments shape current voting rules. The conversation also covers possible Supreme Court outcomes and practical effects on future elections.
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Most States Use Mail-In Grace Periods
- Mail-in ballot grace periods exist in roughly 30 states and are bipartisan policies to accommodate postal timing.
- Mississippi's rule counts ballots postmarked on election day that arrive up to five business days later, balancing convenience with finality.
Late Mail Ballots Tend To Skew Democratic
- Ballots that arrive after election day often skew Democratic, creating partisan incentives to challenge grace periods.
- The RNC's lawsuit targets late-arriving mail ballots because excluding them could shift very close races and advantage Republicans.
Mail Voting Has Deep Roots And Grew After COVID
- Remote and absentee voting date back to the Civil War and expanded for overseas voters, but COVID-19 normalized broader mail voting.
- States then added pragmatic rules, like five-day buffers, to account for postal delays while increasing participation.