Supreme Court Case Could Impact Nevada Elections

The U.S. Supreme Court heard arguments in a closely watched election case that could reshape how mail-in ballots are handled nationwide, with potential consequences for Nevada.

The case, Watson v. Republican National Committee, centers on a Mississippi law that allows mail-in ballots to be counted five business days after the close of elections. The Republican National Committee and the Mississippi Republican Party are challenging the law, arguing it conflicts with federal statute establishing a single Election Day.

Based on questioning during oral arguments, a majority of justices appeared skeptical of Mississippi’s position, signaling the court may side with challengers. A decision will come in late June or early July.

At the heart of the case is a fundamental question: whether ballots must arrive by Election Day, or whether states can accept ballots afterwards

Paul D. Clement, representing the RNC, argued that federal law, which designates Election Day as the first Tuesday after the first Monday in November, requires all ballots to be both cast and received by that date. U.S. Solicitor General D. John Sauer echoed that position, telling the court, “That ballot box has to be closed on Election Day.”

Mississippi Solicitor General Scott G. Stewart defended the state’s law, arguing that states have long had authority to manage election procedures, including counting ballots that arrive after Election Day. He pointed to historical examples, including Civil War-era voting practices, to support that position. Roughly 30 states, including Nevada, have similar laws.

Several liberal justices suggested Congress has been aware of, and has not prohibited, the practice. Justice Sonia Sotomayor said the states or Congress should make the decision. Meanwhile, Justice Elena Kagan pointed to federal references to a “period of voting” as evidence of flexibility in election administration.

The case carries significant implications for Nevada, which allows late counting of mail ballots postmarked by Election Day.

According to the Nevada Secretary of State’s Office, fewer than 1.8% of mail ballots arrive after Election Day, and about 95% of those arrive within 24 hours.

Secretary of State Cisco Aguilar, who attended arguments in Washington, said the volume of late-arriving ballots is relatively small.

“States need to decide what’s in the best interest of their citizens,” Aguilar said. “We do make sure every valid vote is cast on Election Day.”

Still, the issue remains charged. Republicans have pushed for requiring all ballots to be received by Election Day, arguing it would improve public confidence in election outcomes. Multiple proposals to change Nevada law failed in the Democrat-controlled Legislature, despite support from Gov. Joe Lombardo.

If the Supreme Court rules against Mississippi’s law, similar policies in Nevada and other states could face immediate legal challenges, potentially forcing changes ahead of the 2026 election cycle.

A ruling will come before the court adjourns for the summer.