Tennessee Joins States Urging Supreme Court Review of Ballot Date Rule

AG: Tennessee News

Filed March 17th, 2026

Detected March 18th, 2026

Summary

Tennessee, along with 19 other states, has filed an amicus brief urging the Supreme Court to review a federal appellate decision that overturned a Pennsylvania law requiring handwritten dates on mail-in ballots. The brief supports the Republican National Committee's petition and argues the decision infringes on states' election authority.

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What changed

Tennessee, led by Attorney General Jonathan Skrmetti, has joined Missouri and 19 other states in filing an amicus brief with the Supreme Court of the United States. The brief supports the Republican National Committee's petition in Eakin v. Adams County Board of Elections and urges the Court to overturn a Third Circuit appellate decision that invalidated a Pennsylvania law requiring voters to handwrite the date on mail-in ballots. The states argue that the appellate court's ruling improperly interferes with the constitutional authority of state legislatures to regulate elections and oversteps judicial bounds.

The practical implication of this filing is a push for the Supreme Court to review and potentially reverse the Third Circuit's decision, thereby upholding the principle that state legislatures have primary responsibility for setting election procedures. The coalition of states contends that common-sense election integrity measures, such as dating mail-in ballots, should be protected and that the appellate court's reasoning could jeopardize other long-standing election-integrity measures. Regulated entities, particularly those involved in election administration or advocacy, should monitor the Supreme Court's decision on whether to grant review of this case.

What to do next

Monitor Supreme Court's decision on granting review in Eakin v. Adams County Board of Elections.

Source document (simplified)

Tennessee Pushes for Election Integrity at the United States Supreme Court

Tuesday, March 17, 2026 | 01:09pm Tennessee has joined Missouri and 19 other states in filing an amicus brief urging the Supreme Court of the United States to review and overturn a federal appellate decision that struck down a Pennsylvania law requiring voters to handwrite the date on mail-in ballots.

The multistate brief supports a petition filed by the Republican National Committee and argues that the U.S. Court of Appeals for the Third Circuit wrongly invalidated the rule in Eakin v. Adams County Board of Elections. The states contend that the decision interferes with the authority of state legislatures to regulate elections and oversteps constitutional limits on the judicial role.

“Democracy only works if people have faith in elections,” said Jonathan Skrmetti, Tennessee Attorney General and Reporter. “Common sense safeguards, like requiring a voter to handwrite a date on a mail-in-ballot envelope, should not be controversial. Courts need to protect the legitimacy of the electoral process, not undermine it.”

In the filing, the states argue that the Third Circuit’s decision undermines federalism and the separation of powers by giving federal courts undue authority over election administration. The brief emphasizes that the U.S. Constitution assigns primary responsibility for setting election procedures to state legislatures, which have a strong interest in deterring and detecting election fraud and maintaining the integrity of the voting process.

The states also note that the Supreme Court has never held that a neutral ballot-casting regulation imposes a severe burden on the right to vote when it applies equally to all voters. According to the brief, the Third Circuit’s reasoning could allow courts to invalidate even straightforward election-integrity measures that have long been used to ensure orderly elections.

The coalition is asking the Supreme Court to grant review of the case and ultimately reverse the Third Circuit’s decision.

In addition to Tennessee, attorneys general from Alabama, Alaska, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Louisiana, Mississippi, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, and West Virginia joined the Missouri-led filing.

Read the brief.