According to Article 1, Section 4, of the U.S. Constitution, "the Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations." Yesterday, the U.S. Supreme Court heard arguments in a high-profile case that asks whether the federal law that established a uniform national date for federal elections should be read to override a state law that allows the counting of mail-in ballots that were sent by election day but were not received until after election day. Judging by the oral arguments, the outcome may be too close to call.
The case is Watson v. Republican National Committee. As the name indicates, it involves a Republican-led challenge to a state's mail-in voting system. Mississippi law currently allows the counting of mail-in ballots so long as the ballot is postmarked by election day and received by state officials no later than five business days after election day. The Republican National Committee (RNC) seeks to abolish that state practice.
