While over half of US states allow at least some ballots received after Election Day to be counted, in Watson v. Republican National Committee, the RNC challenged a Mississippi law that requires ballots to be postmarked on or before the date of the election and received by the registrar no more than five business days afterward.
Following oral arguments in March, the ideologically split majority found that "nothing in the federal election day statutes requires ballots to be received by Election Day," with Barrett—one of three justices appointed by Trump—delivering the majority opinion. She stressed that "we cannot add to the words Congress chose."
In a statement cheering the decision, Danielle Lang, vice president for voting rights and rule of law at Campaign Legal Center, which filed an amicus brief in this case with Protect Democracy, said that "all voters, no matter how they cast their ballot, deserve the freedom to make their voices heard. This is a cornerstone of American democracy. And access to vote-by-mail, along with early voting and in-person voting, makes our democracy stronger by expanding access to the ballot for more voters."
Robert Weiner, the Voting Rights Project director at the Lawyers' Committee for Civil Rights Under Law—which also submitted an amicus brief in this case and is suing over Trump's executive order on mail-in voting—celebrated that the ruling "rejects yet another attempt to prevent eligible voters from casting their votes and having them counted."
"Our democracy is stronger when more people, not less, can participate," declared Weiner, encouraging all US voters to "check the rules in your state," and anyone voting absentee "to mail their ballots early and confirm they were received."
Retired Amb. Norm Eisen, co-founder and executive chair of Democracy Defenders Fund, which filed an amicus brief on behalf of the League of United Latin American Citizens, said that "this ruling respects state authority over election administration and prevents needless confusion for voters and election officials. At a time when the Roberts Court has too often made it harder for Americans to exercise their rights, today's decision is an important and welcome exception."
US Marine Corps veteran and Vet Voice Foundation CEO Janessa Goldbeck called the decision "a victory for every American who follows the rules, mails their ballot on time, and deserves to have their vote counted," while also highlighting that absentee voting is common among troops and their families.
"For service members stationed around the world, military spouses, veterans, and other Americans who rely on voting by mail, this ruling recognizes a simple principle: Voters should not lose their voice because of circumstances beyond their control," Goldbeck said.
As Richard Fiesta, executive director of the Alliance for Retired Americans, pointed out, older voters also often vote by mail. He said that "for generations, states have adopted practical election rules that reflect the realities of mail delivery, protect the right to vote, and meet the needs of their citizens. The court's decision means that voters in the 14 states that provide a grace period for regular mail ballots, and the 29 states which allow additional time for at least some mail voters, including military and overseas voters, can breathe a little easier."
"Our alliance members in Mississippi proudly joined this case to defend the constitutional right to vote. We have always maintained that no eligible voter who casts a ballot in a timely manner should have that vote tossed out because of circumstances they cannot control," he added. "We will continue fighting to protect every eligible voter's right to have a ballot cast in a timely manner."
Among the older voters who have recently voted by mail is 80-year-old Trump, noted Common Cause president and CEO Virginia Kase Solomón—who applauded the new ruling as "a victory for voters and for an election system that meets the needs of the people it serves."
"Now, it's on Congress to pass long-overdue nationwide protections for voters," she asserted. "Common Cause will mobilize our one million members to make sure Congress hears voters loud and clear: national voting protections now."
Republicans narrowly control both chambers of Congress, and Trump continues to pressure lawmakers to approve the Safeguard American Voter Eligibility (SAVE America) Act requiring proof of US citizenship to register and photo ID to vote in federal elections. Given Democratic opposition to the bill and the GOP's slim Senate majority, passage would require working around the filibuster.
Democratic leaders on Monday joined voting rights advocates in celebrating the Supreme Court's new ruling but also emphasized that, in the words of Senate Minority Leader Chuck Schumer (D-NY), "as the midterm elections approach, Trump and his allies are working overtime to silence Americans' votes."
"Senate Democrats will continue to do everything we can to protect free and fair elections, where everyone's voice is heard," he vowed.
Democratic National Committee Chair Ken Martin said that "the DNC is proud to have stood with the state of Mississippi to defeat the RNC's latest attack on Americans’ voting rights," and "Trump and Republicans are attacking our elections and trying to rig the system in their favor because they know the American people are ready to reject their chaos and corruption this November."
He, too, pledged that "the DNC will remain vigilant and use every tool at our disposal to protect every eligible voter's access to the ballot box."
Democratic Association of Secretaries of State Chair Cisco Aguilar said that "my attendance at the oral arguments for Watson v. RNC in March was a demonstration of Nevada's commitment to protecting mail voting and ensuring that every eligible voter can cast a ballot in the way that works best for them."
"Democratic secretaries of state have repeatedly said that the Constitution is clear: States decide how their elections are run. Today's ruling shows they were right," Aguilar continued. "This ruling should also be a warning to the president that the letter of the law still holds weight with the Supreme Court."
"Despite this win, the right to vote remains more under threat this year than ever before," he added. "Democratic secretaries of state will continue to be on the frontlines of democracy, fighting to protect the rights of all Americans to legally cast their ballots and have confidence that their votes will be counted."
