Washington, D.C. – Today, Honest Elections Project (HEP), American Legislative Exchange Council (ALEC), Center for Election Confidence (CEC), and Restoring Integrity and Trust in Elections (RITE) filed a joint amicus brief in Watson v. Republican National Committee urging the Supreme Court to rule that state laws which allow ballots that are received by mail after Election Day to be counted are unconstitutional.

A copy of the brief can be found HERE.

In the brief, the groups argue:

  • Post-Election Day receipt of mail-in ballots risks disenfranchisement and dilution, causes delays, and breeds mistrust.
    • Mail-in voting is a recent innovation with inherent risks.
    • Receiving votes after Election Day is a newer development with greater risks.
  • The Fifth Circuit’s decision to strike down Mississippi’s law allowing late ballots is correct.
    • The default federal rule is that ballots must be received by Election Day.
    • The text of 3 U.S.C. § 1 confirms this reading.
    • Mississippi’s theory would enable the mischief Congress sought to avoid.

Jason Snead, Executive Director of HEP, released the following statement:

“Counting ballots that are received after Election Day unnecessarily damages public trust in election outcomes, delays results, and violates the law. Honest Elections Project is proud to join RITE, CEC, and ALEC to urge the Supreme Court to ensure that all ballots are received by Election Day. That ruling will protect the rights of voters and the integrity of the democratic process, and ensure that it is easy to vote but hard to cheat in future elections.”

Lisa Nelson, CEO of ALEC, provided the following statement:

“Requiring mail-in ballots to be returned no later than the close of polls on Election Day is critical to the integrity of our elections. Not only is setting such a deadline in line with federal law, but it ensures timely results and will increase confidence in American elections. ALEC is proud to join its partners in filing a brief in this crucial case.”

Lisa Dixon, Executive Director of CEC, issued the following statement:

“Congress has spoken, and federal law is clear: Election Day means Election Day. It is vital for voters’ confidence that this bright line rule is applied evenly in all federal elections for mail ballot return and receipt. Stretching elections beyond Election Day not only violates federal law, but also sows doubt and discord about the tabulation process. CEC urges the Supreme Court to uphold this important legal tenet.”

Justin Riemer, President of RITE, released the following statement:

“RITE is proud to have partnered with HEP and CEC multiple times to support a case vital to restoring order and trust in America’s elections. Congress spoke clearly about the meaning of Election Day. We are confident that the Supreme Court will affirm that means ballots must be returned by that date.”

Oral argument for Watson v. Republican National Committee at the Supreme Court is scheduled for March 23, 2026.