In a narrow 5-4 decision with major implications for election administration across Alaska, the U.S. Supreme Court ruled on June 29 that federal law does not require absentee ballots or mail-in ballots to be physically received by election officials on Election Day itself.

The ruling in Watson v. Republican National Committee means that states like Alaska, which allow ballots to arrive weeks after election day, can continue to do so despite concerns about ballot stuffing in tight races and delayed results for the public.

Under Alaska Statute (15.20.081), in-state absentee ballots postmarked by Election Day may be received up to the close of business on the 10th day after the election (15 days for overseas voters).

Justice Amy Coney Barrett wrote the majority opinion, joined by Chief Justice John Roberts and Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson. The slim majority held that the federal election-day statutes set a uniform day for voters to “cast” their ballots but do not dictate when states must receive those ballots.

“The term ‘election’ refers to the electorate’s choice of candidate,” the majority explained, and that choice occurs when the voter completes the act of voting, not when officials later process the ballot.

While the case directly impacts Alaska, it arose from Mississippi’s law allowing certain absentee ballots postmarked by Election Day to be received up to five business days later. The Republican National Committee and others argued that federal law preempted the provision because an “election” is not final until ballots are in official custody. The Fifth Circuit had agreed, but the Supreme Court reversed the lower court.

Justice Samuel Alito dissented, joined by Justices Clarence Thomas and Neil Gorsuch and, in part, by Justice Brett Kavanaugh.

Alito argued that the majority misread the federal election-day statutes. An “election” requires the electorate’s authoritative choice – through the complete collection of ballots – to occur on the single day set by Congress. Receipt by officials is integral to this process and allowing ballots to arrive days later postpones the election’s “consummation,” and thus violates the statutes, Alito maintained.

The dissent noted that for over a century after the federal election date was established, states understood that Election Day meant ballots must be received by then. Even Civil War-era absentee rules reinforced strict deadlines.

Alito also warned that late receipt creates fraud risks like ballot stuffing in tight races and erodes public confidence through prolonged uncertainty and delayed outcomes. He also noted that the majority’s ruling undermines election finality and trust, leaving states and officials with unclear rules.

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