Supreme Court rules states can count late-arriving mailed ballots
The Supreme Court ruled Monday that states should be allowed to count ballots that are mailed on time but arrive after Election Day.
In a 5-4 decision, the high court rejected a Republican-led attack on laws in more than half the states and the District of Columbia that permit mailed ballots to arrive and be counted some number of days after the election, provided they are postmarked by Election Day. The outcome spares officials the headache of changing their ballot rules just a few months before the 2026 midterm congressional elections.
The decision, written by Justice Amy Coney Barrett, is a defeat for President Donald Trump who has repeatedly claimed mail-in voting encourages fraud, an assertion not backed up by evidence. Chief Justice John G. Roberts Jr. also joined the court’s three liberals in the ruling.
The question before the court was whether Mississippi was acting legally when it permitted ballots postmarked by Election Day to be counted if they arrived within five business days of the election.
“The federal election-day statutes do not preempt Mississippi’s law because the defining element of an ‘election’ has always been the electorate’s choice of candidate,” the decision said.
A voter’s choice is made when voting is complete, not when ballots are received, it said.
Thirteen other states have grace periods for ballots cast by mail. Another 15 have longer deadlines for military and overseas voters.
Last year, Trump signed an executive order that would require votes to be “cast and received” by Election Day, but it has been blocked by court challenges.
Mississippi Solicitor General Scott Stewart noted during arguments before the Supreme Court in March that the Trump administration had failed to produce a single case of fraud due to mail ballots that arrived after Election Day.
Among the state with deadlines after Election Day are California, Texas, New York and Illinois. Rural areas of Alaska also allow post-Election Day ballots.
The Associated Press reported that four states dominated by Republican lawmakers, Kansas, North Dakota, Ohio and Utah, dropped their grace periods last year. That’s according to the National Conference of State Legislatures and Voting Rights Lab.
During arguments, some of the conservative justices seemed skeptical of late-arriving mail ballots. Justice Samuel Alito for example asked about the appearance of fraud if ballots that arrived after Election Day flipped an election.
The liberal justices on the other hand indicated they would uphold the state laws and noted that federal law allows states to set their own regulations governing elections. Justice Sonia Sotomayor said the states and Congress should decide the issue, not the courts.
Federal law sets Election Day as “the Tuesday next after the first Monday in November.”
Mississippi passed its election law during the COVID-19 pandemic. It was challenged by the Republican National Committee, the Mississippi Republican Party and others.
An appellate court, the 5th U.S. Circuit Court of Appeals, struck down Mississippi’s grace period. Judge Andrew Oldham wrote that the state law allowing the late-arriving ballots to be counted violated federal law.
The three judges who decided Mississippi’s law was unconstitutional were all appointed by Trump during his first term.
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