Congressional Digest

Supreme Court Debates October 2026 No. 7 Vol. 29
Republican National Committee et al., Respondents

Mail Voting

Ballot Receipt Deadlines and Election Day

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Republican National Committee et al., Respondents

In 1872, Congress passed a law setting the date of election for members of the House of Representatives as the first Tuesday after the first Monday in November, matching the date set in 1845 for presidential elections. Congress would apply the same timing to senators once the 17th Amendment provided for their direct election. In 2024, the Republican National Committee, the Mississippi Republican Party and two Mississippi residents filed suit against the state of Mississippi, alleging that these federal statutes preempted its law that allowed for the counting ballots received via mail up to five days after Election Day. After…

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