WASHINGTON, D.C – Today, Honest Elections Project, Restoring Integrity and Trust in Elections, Inc. (RITE), and the Center for Election Confidence (CEC) filed a joint amicus brief supporting the Republican National Committee and the Mississippi Republican Party, who argue a Mississippi statute that allows absentee ballots to be received up to five days after election day violates federal election law. The brief urges the Supreme Court to decide, once and for all, that ballots for federal elections must be received by Election Day.

“States that count ballots that are received after election day are clearly violating federal law, which sets the date for holding federal elections,” said Jason Snead, Executive Director of Honest Election Project. “Unfortunately, many states are doing precisely that.

“Counting votes that are received after Election Day is not only illegal, it damages public trust in the democratic process. The Supreme Court should take this opportunity to resolve this issue now, before voters head to the polls in the next election.”

 “Congress set Election Day in federal law, and it’s the Tuesday after the first Monday in November,” said Justin Riemer, President of Restoring Integrity and Trust in Elections (RITE), an organization that fights for election integrity and security. “Permitting the return of absentee ballots after Election Day, sometimes weeks after, effectively changes the date of the election, which only Congress can do. The Supreme Court should settle this issue now before it’s forced to do so in an emergency posture on the eve of the 2026 election.”

“It is vital for voters’ confidence that clear deadlines are imposed for mail ballot return and receipt. Stretching elections well beyond Election Day not only violates Federal law, but it also sows doubt and discord about the tabulation process,” said Lisa Dixon, Executive Director for the Center for Election Confidence, a non-partisan, non-profit organization devoted to building professionalism in election administration and developing Americans’ confidence in elections.

“CEC encourages the Supreme Court to chart a decisive path forward to increased certainty about the conclusion of voting for each Federal election. Confirming the meaning of ‘Election Day’ as the deadline for ballot receipt all across the country will do just that.”

Background

Federal law mandates that all ballots must be received by Election Day. Despite this, Mississippi and some 13 other states, together containing almost 50% of the national population, have unconstitutional laws allowing for mail in ballots to be counted days and some even weeks after the date of election day. These states continue to flaunt President Trump’s directive for states enforce the uniform federal deadline, to ensure accurate results in a timely manner and to eliminate the potential for fraud.

Click HERE to read the amicus brief.