You Mailed in Your Ballot. Will It Count?
What Next | Daily News and Analysis
Slate Podcasts
4.3 • 2.4K Ratings
🗓️ 23 March 2026
⏱️ 25 minutes
🧾️ Download transcript
Summary
The argument against counting mail-in ballots that arrive after election day is going to involve Supreme Court-pleasing “originalist” language, but is the case really just another way to say that Trump should have beaten Joe Biden in 2020?
Guest: Jay Willis, editor-in-chief of Balls & Strikes.
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Podcast production by Elena Schwartz, Paige Osburn, Anna Phillips, Madeline Ducharme, and Rob Gunther.
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Transcript
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| 0:00.0 | Jay Willis is an attorney and a writer. |
| 0:08.1 | He covers the Supreme Court for his website, Balls and Strikes. |
| 0:11.5 | I tell you all that so you can understand that Jay is used to long, maybe even tiresome debates |
| 0:18.5 | about the precise definitions of words. |
| 0:22.4 | But even given all that, Jay says, this case going in front of the Supreme Court today, Watson v. RNC, it stands out. |
| 0:31.6 | One way to think about this case is it is a lot of fancy lawyers having a debate about what the phrase election day means. |
| 0:41.1 | Oh, boy. |
| 0:43.1 | Yeah, we're getting textual here, folks. |
| 0:48.1 | Watson v. RNC is concerned with the precise definition of election day because the plaintiffs here, including the Republican |
| 0:56.0 | National Committee, believe that mail-in voting is a kind of election day workaround, |
| 1:02.0 | a way for voters to get an extension on a deadline that is written into federal law. |
| 1:07.0 | This case is about a Mississippi law that a three-judge fifth circuit panel struck down. |
| 1:13.8 | The Mississippi law allows the state to count mail-in ballots if they are postmarked on election day |
| 1:19.7 | and arrive up to five business days later for counting. |
| 1:24.0 | A lot of states have laws like this, right? |
| 1:27.1 | That's right. |
| 1:27.9 | And the pro-state law side here makes this point repeatedly that I think it's about 30 states that have some version of a law like this. |
| 1:37.1 | And they are not all Democratic-controlled states. |
| 1:40.0 | There is sort of a bipartisan, somewhat of a bipartisan consensus here that giving both the |
| 1:47.6 | Postal Service and state election officials some time to count ballots that get stuffed |
| 1:53.9 | in the mailbox at the last minute is good for everybody. |
| 1:57.8 | Well, there has been bipartisan agreement. |
... |
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