*This forecasting question is associated with the Verity controversy:* [*Will the U.S. Supreme Court Conclude Mail-In Ballots Cannot be Counted After Election Day?*](https://www.verity.news/controversy/Will-the-US-Supreme-Court-rule-that-federal-Election-Day-status-preempt-state-laws-that-allow-a-grace-period-for-mailin-ballots-Watson-v-Republican-National-Committee-and-Bost-v-Illinois) Under U.S. law, Congress has set a [uniform Election Day for federal offices](https://www.congress.gov/crs-product/R46413) — the Tuesday after the first Monday in November — in statutes such as [2 U.S.C. § 7](https://www.law.cornell.edu/uscode/text/2/7) and [3 U.S.C. § 1](https://www.law.cornell.edu/uscode/text/3/1), which fix the date on which elections occur. These statutes do not explicitly state how long states may receive and count mail-in ballots after that date. In practice, many states allow ballots that are postmarked by Election Day to be [received and counted for several days afterward to accommodate postal delays](https://theconversation.com/americans-have-had-their-mail-in-ballots-counted-after-election-day-for-generations-a-supreme-court-ruling-could-end-the-practice-267409). Two Supreme Court cases — [*Watson v. Republican National Committee*](https://www.theusconstitution.org/litigation/watson-v-rnc/?) and [*Bost v. Illinois State Board of Elections*](https://www.supremecourt.gov/opinions/25pdf/24-568_gfbh.pdf) — center on whether these state grace periods are preempted by federal law. Plaintiffs in both cases argue that the federal Election Day statutes implicitly fix not just the date ballots must be cast, but also the date by which they must be counted, meaning any later receipt deadline conflicts with federal law and should be invalidated. Defendants argue that states retain traditional authority to set election administration rules, [including reasonable deadlines for receiving mail ballots.](https://www.ncsl.org/state-legislatures-news/details/supreme-court-to-hear-challenge-to-mail-ballot-deadlines) #### **Bost v. Illinois State Board of Elections** In *Bost*, the Supreme Court addressed [whether plaintiffs had Article III standing](https://www.naag.org/attorney-general-journal/supreme-court-report-volume-33-issue-5/) to bring their challenge to Illinois’s law allowing ballots received up to 14 days after Election Day (if properly postmarked) to be counted. On January 14, 2026, the [Court held that plaintiffs — including Representative Michael Bost — *did* have standing](https://www.theguardian.com/us-news/2026/jan/14/supreme-court-republican-illinois-mail-in-ballot-law). The [decision](https://www.supremecourt.gov/opinions/25pdf/24-568_gfbh.pdf) did not address whether the Illinois law is unconstitutional or preempted by federal Election Day statutes. The substantive preemption issue was left unresolved. Because the Court did not reach the merits in *Bost*, the key legal question — whether federal Election Day statutes preempt state grace periods — remains open at the Supreme Court level. #### **Watson v. Republican National Committee** *Watson* involves a challenge to a Mississippi law that permits ballots postmarked by Election Day to be counted if received within a several-day window. [A federal appeals court struck down that state rule, holding it conflicted with federal Election Day statutes](https://www.nytimes.com/2025/11/10/us/politics/supreme-court-mail-ballots-mississippi.html). The Supreme Court granted review, making *Watson* the leading vehicle for addressing the preemption question itself. [As of early 2026, the case is scheduled for briefing and argument, but the Court has not yet issued a merits decision.](https://www.scotusblog.com/2026/01/the-supreme-court-has-probably-chosen-all-the-cases-it-will-hear-this-term/) The central unresolved question in *Watson* is whether the federal Election Day requirements implicitly prohibit state laws that allow ballots received after Election Day to be counted, or whether those state rules are permissible under longstanding principles of state control over election administration. #### Current State As of early 2026, the Supreme Court has not ruled that federal Election Day statutes preempt state mail-in ballot grace periods. *Bost* resolved only standing, and *Watson* — the case squarely addressing preemption — remains pending with no merits decision yet released. States across the country currently use varying grace periods; a ruling that federal law preempts them could affect election administration in many jurisdictions.