WASHINGTON—The Supreme Court today ruled 5-4 in Watson v. Republican National Committee that federal election-day statutes do not preempt Mississippi law that allows mail-in ballots to be counted if they are postmarked or received within five days of Election Day. This means that states—including states that allow ballots to be received and counted weeks after Election Day—can continue to do so.

Zack Smith, senior legal fellow and manager of The Heritage Foundation’s Supreme Court and Appellate Advocacy Program, made the following statement:

“I agree with Justice Samuel Alito, who said in his dissent that today’s ‘decision is inconsistent with the terms of the election-day statutes, contemporary election-law principles, two centuries of historical practice, and the case law on the question presented.’

“This decision provides all the more reason why it is critical that Congress acts to pass the SAVE America Act.”