The Brian Lehrer Show Supreme Court's Mail-In Ballots Case
Mar 24, 2026
Carrie Levine, editor-in-chief of Votebeat and voting policy expert, explains the Supreme Court case over whether 'Election Day' means postmark or receipt. She breaks down state grace periods, risks for overseas and military ballots, postal service reliability, and the political stakes around changing mail-in vote rules.
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What The Case Is Really About
- The case Watson v. Republican National Committee hinges on what the federal phrase "Election Day" legally means for mail ballots.
- Carrie Levine explains Mississippi allows ballots postmarked by Election Day to be counted if received within five business days, with other states offering 6–7 day grace periods.
Concern About Outcomes Changing After Election Day
- Conservative justices worried late-arriving mail ballots could let outcomes change after Election Day and raise perceptions of an election not being final.
- Justice Gorsuch used a hypothetical about recalling mailed ballots after a last-minute scandal to probe that concern.
Early Voting Implication Raised By Liberal Justices
- Liberal justices pressed that a strict "received by Election Day" rule could logically ban early in-person voting as well.
- Justice Kagan repeatedly asked how the RNC's rule wouldn't also prevent votes cast before the first Tuesday after the first Monday.