National Security Leaders for America Files Amicus Brief with U.S. Supreme Court Defending the Voting Rights of Americans Serving Overseas

January 13, 2026

Washington, DC - National Security Leaders for America (NSL4A) today announced the submission of an amicus curiae brief to the United States Supreme Court in Watson v. Republican National Committee, a case addressing whether states may count absentee ballots cast by Election Day but received shortly thereafter.

NSL4A’s brief urges the Court to reverse a Fifth Circuit decision that would invalidate Mississippi’s statute allowing timely-cast ballots to be counted as long as they were received within five days of Election Day, as well as similar laws of a majority of the states designed to protect the meaningful voting rights of U.S. service members, diplomats, and other citizens serving overseas. The brief argues that such laws are firmly grounded in constitutional authority, historical precedent, and Congress’s repeated recognition that rigid ballot-receipt deadlines unfairly disenfranchise Americans serving abroad, and that such laws should be left to the states.

“For generations, our nation has recognized a simple truth: any citizen willing to risk his or her life or serve in a diplomatic post overseas for the United States deserves, at the very least, the ability to vote in our elections and have that vote counted,” said retired Rear Admiral Mike Smith, founder and President of NSL4A. “Anyone who leaves behind their home, family, and daily life to serve overseas should never be penalized for that sacrifice. Counting ballots that are cast on time but delayed by the realities of overseas service isn’t a loophole—it’s a commitment to the very democratic values our service members defend.”

“This isn’t about politics or favoring one party over another,” said NSL4A Member, retired Air Force Major General John Barry, a registered Republican. “This is about basic American rights and freedoms. If you are an American citizen serving our nation, you get to vote in our elections. Period.”

NSL4A’s brief draws on extensive historical evidence showing that states have long extended ballot-receipt deadlines during times of war and overseas service—from the War of 1812 and the Civil War through World War II and into the modern era. Congress itself has twice imposed federal ballot-receipt deadlines, only to repeal them after recognizing that they disenfranchised millions of military voters.

NSL4A filed the brief in support of Mississippi Secretary of State Michael Watson, a Republican, and emphasized that the Constitution’s Elections Clause permits states to determine the manner of elections unless Congress clearly says otherwise—and that no current federal law prohibits states from counting timely cast ballots received after 

NSL4A brings a unique perspective to issues at the intersection of national security and democratic governance. Many of its members have firsthand experience voting from combat zones and remote overseas postings and understand the logistical barriers that can delay ballot delivery despite a voter’s timely effort.