SCOTUS Mail-In Ballot Ruling Fuels SAVE Act Push

The U.S. Supreme Court ruled Monday that federal law does not bar States from counting mail-in ballots that are postmarked by Election Day but arrive later, handing a loss to Republicans who argued that federal Election Day means ballots must be received by that day.

The 5-4 decision in Watson v. Republican National Committee upheld Mississippi’s law allowing certain absentee ballots to be counted if they are postmarked by Election Day and received within five business days. Justice Amy Coney Barrett wrote the opinion, joined by Chief Justice John Roberts and the Court’s three liberal justices.

“The federal election-day statutes do not prevent Mississippi from counting absentee ballots postmarked by election day but received up to five days thereafter,” the Court held. “Nothing in the federal election-day statutes requires ballots to be received by election day.”

The case began after the Republican National Committee, the Mississippi Republican Party and others sued Mississippi officials in 2024. They argued that federal law preempted the state rule. A federal district court sided with Mississippi, but the Fifth Circuit reversed before the Supreme Court took the case.

The ruling drew a sharp rebuke from President Donald Trump, who used the decision to renew his call for passage of the SAVE America Act.

“In light of the tremendous loss in the Supreme Court today concerning Voter's Rights, and the fact that ‘people's’ votes are allowed to be counted LONG AFTER an Election is over, it is more important than ever to pass THE SAVE AMERICA ACT,” Trump posted on Truth Social.

Trump said the bill should require photo ID, proof of citizenship and an end to mail-in ballots, “EXCEPT FOR ILLNESS, DISABILITY, MILITARY DEPLOYMENT, OR TRAVEL.”

“There is no excuse for a politician, or otherwise, to be against the above three requirements,” Trump wrote. “There is only one reason to oppose — CHEATING!”

The White House’s SAVE America Act page says the proposal would require valid ID before registering to vote in federal elections, proof of citizenship and no mail-in ballots except for illness, disability, military or travel.

Alabama Republicans quickly echoed Trump’s call.

“@POTUS is right. If the courts won't require ballots to be counted on Election Day, then Congress must step in. I am calling on the Senate to pass the SAVE America Act now,” AL-01 Representative and U.S. Senate nominee Barry Moore posted.

U.S. Senator and gubernatorial nominee Tommy Tuberville also tied the ruling to the bill.

“This is EXACTLY why we must do whatever it takes to pass the SAVE America Act,” Tuberville posted.

Moore has backed the SAVE America Act for months. In February, he said the bill would add “common-sense safeguards like proof of citizenship and photo ID” and “ensure every legal vote counts.”

Judicial Watch, which represented the Libertarian Party of Mississippi in the case, called the ruling an “astonishing” 5-4 decision. The group said Congress should now make clear that ballots must be received by Election Day to count in federal elections.

Justice Samuel Alito dissented, joined by Justices Clarence Thomas, Neil Gorsuch and Brett Kavanaugh in part. Judicial Watch quoted Alito’s warning that the ruling “creates a serious risk of further undermining public confidence in our elections and our system of self-government.”

The majority stressed that the case was narrow. It said the Court was not ruling on absentee voting as a whole, the use of the mail to send ballots, early voting or Congress’s power to regulate federal elections.

That leaves the fight where Trump, Moore and Tuberville say it now belongs: Congress. However, given Senate Majority Leader John Thune’s reluctance to bring the SAVE America Act to a vote on the Senate floor for months now, it’s uncertain if this new ruling — and the increased pressure it will bring — will induce Thune to allow such a vote.