Supreme Court Hears Case on Counting Late-Arriving Mail-In Ballots Ahead of Midterm Elections

The U.S. Supreme Court heard arguments on Monday in a significant election law dispute concerning whether states can count mail-in ballots that are postmarked by Election Day but received after that date. The case centers on Mississippi’s law, which permits mail ballots to be counted if they arrive up to five days after Election Day, provided they were postmarked on or before that day. Similar laws exist in 13 other states, and the court’s decision could have broad implications for the upcoming November midterm elections.

Mississippi’s law is being challenged by the Republican National Committee (RNC), the state GOP, and the Libertarian Party of Mississippi. They argue that federal statutes enacted in the 19th century, which set Election Day as the Tuesday after the first Monday in November, require ballots to be received by that day to be counted. The challengers contend that the term “election” encompasses both the casting and receipt of ballots, and that allowing late-arriving ballots undermines the uniformity Congress intended. The RNC also raised concerns about potential fraud and the appearance of impropriety, although experts note that instances of mail-voting fraud are rare.

Mississippi officials, including Secretary of State Michael Watson, have defended the state’s grace period, emphasizing the authority states have under the Constitution’s Elections Clause to regulate federal elections. Watson argued that the “election” is the act of voters making their choice by submitting ballots by Election Day, and that receipt deadlines can be extended without violating federal law. He warned that invalidating Mississippi’s law could jeopardize similar provisions in 29 states that allow late-arriving ballots, including those cast by nearly 4 million military personnel and overseas voters who rely on mail ballots.

The legal dispute has drawn attention amid President Donald Trump’s vocal opposition to mail-in voting. The Trump administration filed a brief supporting the challengers, asserting that federal law mandates ballots be received by Election Day. The case highlights a growing divide over election administration, with some states tightening deadlines and others maintaining or expanding grace periods. The Supreme Court’s ruling, expected months before the midterms, will clarify the balance between federal election uniformity and states’ discretion in managing mail-in ballots.