Updated: Watson risks angering GOP in attempt to preserve absentee voting grace period

Includes new comments from secretary of state

The U.S. Supreme Court is expected to decide by the end of June whether Mississippi can count absentee ballots that arrive after Election Day—a case that could end such grace periods in 14 states and the District of Columbia months before the November midterms.

The justices heard arguments in Watson v. Republican National Committee on Mar. 23, 2026, and several conservative justices have signaled that they have concerns about the Mississippi law.

The “Watson” in the lawsuit’s title is Mississippi Secretary of State Michael Watson, whose effort to preserve the law’s grace period has put him at odds with GOP attempts to restrict mail-in voting. The Republican National Committee and the Trump administration have argued that under federal statutes setting a uniform Election Day means the ballot box closes at the end of the day.

The case turns on a single Mississippi provision: State law counts an absentee ballot so long as it is postmarked on or before Election Day and reaches the local registrar within five business days. The question for the justices is whether the federal statutes fixing a single national Election Day override that window for races that include federal offices.

The legal fight over Mississippi’s mail-in ballot law began in January 2024 when the Republican National Committee, the Mississippi Republican Party, the Libertarian Party of Mississippi and a group of individual voters sued over the grace period. A federal district judge in the Southern District of Mississippi sided with the state in July 2024. The 5th U.S. Circuit Court of Appeals reversed that ruling the following October, holding that federal law requires ballots for federal office to be both cast and received by Election Day and therefore preempts the Mississippi statute. Watson appealed.

The case carries an unusual partisan dynamic: A Republican-led state, defended by a Republican secretary of state and a Republican solicitor general, is fighting the national Republican Party to preserve a voting provision. Notably, President Trump has pushed to curtail mail voting, and the Republican National Committee has made post-Election Day deadlines a national target.

Another issue in play is the notoriously slow delivery of the U.S. Postal Service, which means that a voter could mail a ballot well in advance of Election Day and it might still not arrive in time. Trump has likewise had a role in that. During his first administration, a White House report proposed cutting postal services and Trump’s appointee as postmaster general removed numerous mail sorting machines and drop-off boxes. In March 2026, Trump also signed an executive order cracking down on mail-in voting, a move that voting rights advocates said would disenfranchise millions of Americans. In May, a federal judge declined to halt the order, which requires the Department of Homeland Security to compile a list of verified U.S. citizens in each state who are eligible to vote. Mississippi has agreed to voluntarily turn over its full voter registration list to the U.S. Department of Justice.

As for how this dynamic factors into the legal appeal, the Secretary of State’s office told The Mississippi Independent that it had forwarded a request for comment to Watson, who responded after this article published.

Rather than be interviewed, Watson sent the following comments by email a few hours after the original article published:

“The Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) is the federal statute that guarantees military and overseas citizens the right to participate in elections, even if they are away from their home state or country. Military and overseas citizens apply for absentee ballots by completing a federal postcard application. This must be done annually to receive an absentee ballot pursuant to UOCAVA. For the general election held on November 5, 2024, there were nine hundred thirty-nine (939) UOCAVA citizens overseas; eighteen (18) emergency responders; eight hundred nineteen (819) UOCAVA military inside the United States; and two hundred ninety-seven (297) UOCAVA military outside of the United States, who were registered to vote and requested absentee ballots. Military or overseas voters are allowed by UOCAVA (federal law) to request absentee ballots and send in their ballots electronically, so long as those are received by 7:00 pm on election night. The only military or overseas voters potentially affected if the grace period were to be eliminated would be those who choose to receive their absentee ballots by mail. If our current law changes, we would encourage our military and overseas voters to request and send their absentee ballots electronically .

“At this time, absentee voting should begin 45 days prior to November 3. If the deadline for receipt of the mailed absentee ballots changes to the Monday prior to the election, then that deadline will need to be changed on the envelopes that are mailed to the recipients, either manually or by printing updated envelopes. Some counties may choose to send additional notifications to their voters reminding them of the updated deadline for returning the mailed absentee ballots.

“We do not have information as to how many mailed absentee ballots were accepted or considered within the five business day grace period for any of the elections.”

The plaintiffs in the case argue that when Congress set one day for the election, it fixed a deadline, and that a state law counting ballots after that day conflicts with it. The State of Mississippi, through Watson, counters that a ballot is cast when the voter completes and mails it, not when it physically reaches the courthouse, and that the Constitution’s Elections Clause leaves states broad authority over how elections are run.

Watson, a former state senator who is running for lieutenant governor, has framed Mississippi’s defense of the law as a question of federalism rather than political party. Specifically, he has warned that striking down the law would jeopardize the grace periods that protect military and overseas voters. Nearly 4 million service members and citizens abroad rely on mail voting, and in 2024 their ballots were rejected for being late at more than eight times the domestic rate. Mississippi’s five major military installations—Keesler Air Force Base, Columbus AFB, Naval Air Station Meridian, Naval Construction Battalion Center Gulfport, and Camp Shelby—support roughly 25,000 active-duty personnel and their families; Keesler alone has about 5,100 active-duty members, and Camp Shelby is the largest state-owned military training site in the United States. Mississippi also has more than 165,000 veterans.

Watson has previously taken conflicting positions on easing the voting process. During his 2019 campaign for secretary of state, he said he wanted to make it easier for college students to vote and would consider on-campus polling places and efforts to streamline the absentee voting process. But as a state senator, he had opposed legislation that would have accomplished some of the same things.

Watson’s break with Trump and the GOP on the state’s mail-in voting law is based not on an abstract principle but on preserving a window that disproportionately protects service members. Because Trump stresses political loyalty and typically dismisses reasons for not following his directives, Watson is taking a calculated risk.

Thirteen other states and the District of Columbia also allow some version of a post-Election Day receipt window, and several of the laws were written specifically to protect military and overseas voters who have few options other than slow mail delivery. Advocates warn that a stricter rule would fall hardest on absentee-reliant voters, including service members, older voters, rural voters and voters with disabilities.

A court ruling that changed the voting rules this summer would land in the middle of an election year. Mississippi election officials would have to communicate new deadlines to voters before Nov. 3, 2026, and county clerks would have to retrain staff and rework absentee guidance with a midterm election already underway. The court could also rule narrowly on Mississippi’s statute alone, uphold the state’s authority to set its own receipt window, or return the case to the lower courts.

A decision is expected before the court’s term ends. The Mississippi Independent will report on the ruling when it is issued.

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Image: Secretary of State Michael Watson (via his official Facebook page)