WASHINGTON — Rep. Eric Burlison (MO-07) announced he is leading an amicus curiae brief, filed in partnership with the American Center for Law and Justice, to the United States Supreme Court in Watson v. Republican National Committee, urging the court to affirm federal law requiring a single, uniform day for federal elections.
The Supreme Court is scheduled to hear oral arguments in the case on March 23, 2026.
The case concerns whether Mississippi’s law allowing absentee ballots received after Election Day to be counted conflicts with federal statutes that establish a uniform Election Day for congressional and presidential elections. The Fifth Circuit Court of Appeals ruled that the state law is preempted by federal law and cannot stand.
“Congress has explicit constitutional authority to set the time of federal elections, and that authority cannot be overridden by individual states,” said Rep. Burlison. “A single, uniform Election Day is a structural safeguard that ensures consistency, finality, and public confidence in federal elections.”
The amicus brief argues that the Constitution’s Elections Clause and Electors Clause grant Congress the authority to fix the time of federal elections, which Congress has exercised by statute. While states ordinarily administer elections, the brief explains that the Constitution grants Congress the authority to override state election rules for federal elections and to determine the time for choosing the electors for president.
The brief further warns that allowing ballots to be received and counted after Election Day creates no limiting principle, opening the door to inconsistent rules, extended litigation, and uncertainty in election outcomes.
By affirming the Fifth Circuit’s decision, the Supreme Court can uphold the rule of law, respect constitutional structure, and preserve uniformity in federal elections nationwide.
Co-Sponsors
Reps. Tim Burchett (TN-02), Andrew Clyde (GA-09), Mike Collins (GA-10), Byron Donalds (FL-19), Randy Fine (FL-06), Andy Harris (MD-01), Mark Harris (NC-08), Clay Higgins (LA-03), Addison McDowell (NC-06), John McGuire (VA-05), Mary Miller (IL-15), Barry Moore (AL-02), Troy Nehls (TX-22), Bob Onder (MO-03), Scott Perry (PA-10), John Rose (TN-06), Michael Rulli (OH-06), Derek Schmidt (KS-02), and Keith Self (TX-03).
Additional Support
Jordan Sekulow, Executive Director, American Center for Law and Justice.
“I want to thank Representative Burlison for leading this effort in the House. The ACLJ stands with Members of Congress in affirming their constitutional authority to determine a federal Election Day and ensure it cannot be extended for weeks after. The Fifth Circuit correctly held that counting ballots received after Election Day violated the statute Congress enacted to protect the integrity of federal elections. We urge the Supreme Court to uphold this essential principle and safeguard our constitutional right to vote.”
