States United Applauds U.S. Supreme Court Ruling Confirming States’ Right to Set Mail-Ballot Grace Periods
Decision Reinforces State Authority Over Election Administration; Upholds Voter Protections Across States
WASHINGTON — The States United Democracy Center released the following statement in response to the Supreme Court decision in Watson v. RNC. The decision reaffirms that states have the power to set their election laws, including around mail-ballot grace periods. The decision upholds existing state laws allowing ballots sent by Election Day but arrived later to be counted; federal law does not require that ballots are received by Election Day, the court ruled.
States United research on the popularity of mail voting across demographics in 2024 is available here and trust in mail voting here.
Joanna Lydgate, CEO of the States United Democracy Center:
“States run elections in this country—and state and local officials know what policies work best for their people.
Today, the U.S. Supreme Court reaffirmed state authority over election administration and upheld state laws that establish grace periods for voters returning their mail ballots.
States led by both Republicans and Democrats have laws that allow them to count ballots sent by Election Day, even if they arrive later. It’s been an established practice for more than 160 years, since soldiers voted by mail during the Civil War. And it remains an essential part of making sure all eligible voters can make their voices heard—especially for military, overseas, and rural voters and voters with disabilities. Today’s decision will ensure that these voters, and anyone else managing busy lives and schedules or needing additional flexibility, can be sure their voice is heard in this critical midterm election.
Mail voting is secure, trusted, and widely used by voters across the political spectrum. With this decision, states will continue to ensure that all their voters’ choices are counted and that the American people’s voice is heard.”
States United is serving as pro bono co-counsel alongside the Nevada Attorney General’s office for the Secretary of State in a similar case before the U.S. Court of Appeals for the Ninth Circuit.
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About the States United Democracy Center
States United is a nonpartisan 501(c)(3) organization dedicated to the rule of law and free, fair, secure elections. We provide direct support to state officials and law enforcement leaders as they uphold the law and our system of checks and balances, protect public safety, defend elections, and preserve our democracy. For more information, visit statesunited.org.