The American Constitutional Rights Union has filed an amicus curiae brief with the United States Supreme Court in Watson v. Republican National Committee (No. 24-1260), joining the Public Interest Legal Foundation in support of the Respondents.

The case centers on a straightforward but consequential question: does federal law require that ballots be received by Election Day? The Mississippi Secretary of State argues states can extend ballot receipt deadlines beyond Election Day. The Respondents, and ACRU, say no.

What ACRU Argued

The ACRU brief makes three practical points.

First, Florida’s experience proves the system works. After the hanging-chad debacle of 2000, Florida adopted a firm Election Day ballot receipt deadline. The result? In 2024, over 93 percent of Florida’s votes were publicly reported by 9:30 p.m. on election night, just 90 minutes after polls closed statewide. Meanwhile, Pennsylvania still had a quarter of its ballots uncounted the next morning.

Second, enforcing a uniform Election Day doesn’t hurt military or overseas voters. Congress already solved that problem through UOCAVA and the MOVE Act, which require states to send ballots to military voters at least 45 days before the election. The fix is earlier ballot transmission, not later deadlines.

Third, if states already had the authority to extend elections past Election Day, Congress wouldn’t have needed to pass those military voting protections in the first place. The Petitioner’s argument would make existing federal law redundant.

The ACRU’s mission includes preserving the constitutional structure of election administration and protecting the rights of military voters. This brief reflects both priorities, defending the finality of Election Day while ensuring service members retain every protection Congress has given them.

The case is pending before the Supreme Court.