Burlison Files Brief Supporting Uniform Election Day in Supreme Court

Representative Eric Burlison of Missouri’s 7th congressional district is leading an amicus curiae brief to the United States Supreme Court. The brief, filed in partnership with the American Center for Law and Justice, supports federal law establishing a uniform Election Day for federal elections.

The Supreme Court is scheduled to hear oral arguments in the case, Watson v. Republican National Committee, on March 23, 2026.

The Case at Hand

The case concerns a Mississippi law that permitted absentee ballots received after Election Day to be counted. The Fifth Circuit Court of Appeals determined that this state law conflicts with federal statutes and is therefore preempted by federal law. The core issue is whether states can override federal law regarding the timing of elections.

Congressional Authority and Election Uniformity

Representative Burlison stated that Congress has constitutional authority to set the time of federal elections, and this authority cannot be superseded by individual states. The amicus brief argues that a single, uniform Election Day is crucial for consistency, finality, and public confidence in federal elections.

The brief asserts that the Constitution’s Elections Clause and Electors Clause grant Congress the power to establish the time of federal elections. While states typically administer elections, Congress retains the authority to override state election rules for federal elections and to determine when electors for president are chosen.

Potential Consequences of Extended Ballots

The brief warns that allowing ballots to be received and counted after Election Day could lead to inconsistent rules, prolonged legal challenges, and uncertainty in election outcomes. It suggests that upholding the Fifth Circuit’s decision would reinforce the rule of law, respect the constitutional structure, and maintain uniformity in federal elections across the nation.

Supporting Members of Congress

The amicus brief is supported by a number of Republican members of the House of Representatives, including:

• 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)
• Michael Rulli (OH-06)
• Derek Schmidt (KS-02)
• Keith Self (TX-03)

American Center for Law and Justice Statement

Jordan Sekulow, Executive Director of the American Center for Law and Justice, expressed support for Representative Burlison’s leadership and the brief’s arguments. Sekulow stated that the ACLJ urges the Supreme Court to uphold the principle of a consistent Election Day to safeguard the constitutional right to vote.