Stay Tuned with Preet Voting Rights & Wrongs, According to SCOTUS (with Steve Vladeck)
Mar 24, 2026
Steve Vladeck, a Constitutional law professor and Supreme Court analyst, walks through the high-stakes Watson v. RNC fight over when a mail ballot counts. He dissects textualism, fraud hypotheticals, and questions about when a ballot is truly 'cast.' Expect sharp legal breakdowns of justices' lines of attack and the stakes for military and overseas voters.
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Court Considering Whether Election Day Preempts Late Ballots
- The Supreme Court is weighing whether federal law that fixes Election Day preempts state rules that count ballots received after Election Day if postmarked on time.
- The Fifth Circuit held such late-arriving ballots invalid, prompting a surprising SCOTUS grant despite expectations of reversal.
Postmark Rules Protect Military And Overseas Voters
- About 20 states allow ballots postmarked by Election Day to be counted if received within a short window after Election Day, often aiding military and overseas voters.
- Steve Vladeck notes UOCAVA separately protects uniformed and overseas voters, which may limit how broadly the Court disrupts practices.
Fraud Fears Drive Some Justices' Questions
- Justices framed the dispute through hypothetical fraud risks like ballot 'clawback' and the so-called 'blue shift' where late ballots change apparent winners.
- Vladeck argues these are policy fears, not textual or historical proofs the statute demands reception on Election Day.