WASHINGTON, DC (LOOTPRESS) – The U.S. Supreme Court heard arguments Monday in a case that could determine whether states may continue counting mail-in ballots that arrive after Election Day, provided they are postmarked on time.
The case, originating in Mississippi, challenges a state law allowing ballots to be counted if they are received within five business days after an election. A decision in the case could have broader implications, potentially affecting similar policies in 13 other states and Washington, D.C., as well as additional allowances for military and overseas voters in multiple states.
A ruling is expected by late June, ahead of the 2026 midterm elections.
During oral arguments, several justices questioned how federal election law should be interpreted. The central issue is whether federal statutes establishing a single Election Day require that ballots be both cast and received by that date, or whether states may accept ballots that arrive afterward under certain conditions.
Some members of the court’s conservative majority raised concerns about the potential impact of counting late-arriving ballots. Samuel Alito questioned how public confidence might be affected in cases where late-counted ballots significantly alter election outcomes.
Attorneys defending Mississippi’s law argued that no documented cases of fraud tied to such ballots have been presented in the litigation. Meanwhile, several liberal justices indicated support for allowing states to set their own ballot receipt deadlines. Sonia Sotomayor suggested that decisions about election procedures are typically handled by legislatures rather than courts.
Election officials and advocacy groups have warned that changing ballot deadlines close to an election could create confusion for voters and administrators, particularly in states that have long used extended receipt periods. States including California, Texas, New York, and Illinois currently allow ballots to be counted after Election Day if they meet certain requirements.
The court also considered how a ruling might affect ballots from military personnel and citizens living abroad, which are often subject to different deadlines.
In earlier proceedings, the U.S. Court of Appeals for the Fifth Circuit ruled unanimously that Mississippi’s grace period law violated federal election law. The panel included Judges Andrew Oldham, James Ho, and Stuart Kyle Duncan.
The Supreme Court’s forthcoming decision is expected to clarify how Election Day requirements apply nationwide and could reshape how mail ballots are handled in future federal elections.
