The federal election-day statutes—2 U.S.C. § 7, 2 U.S.C. § 1, and 3 U.S.C. § 1—set the Tuesday after the first Monday in November in certain years as the "election" day for federal offices. Like all other States, Mississippi requires that ballots for federal offices be cast—marked and submitted to election officials—by that day. And like most other States, Mississippi allows some of those timely cast ballots (mail-in absentee ballots, in Mississippi's case) to be counted if they are received by election officials a short time after election day (in Mississippi, within 5 business days after election day). Miss. Code Ann. § 23-15637(1)(a). In the decision below, the Fifth Circuit held that the federal election-day statutes require that ballots be both cast by voters and received by election officials by election day and thus preempt Mississippi's law.

The question presented is whether the federal election-day statutes preempt a state law that allows ballots that are cast by federal election day to be received by election officials after that day.

Whether the federal election-day statutes preempt a state law that allows ballots cast by federal election day to be received by election officials after that day