Supreme Court Weighs Mail Ballots Received After Election Day

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  • March 23, 2026 at 1:17 PM ET
  • Est. Read: 1 Min
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Key Takeaways

The Supreme Court heard arguments on whether states can count mail ballots postmarked by Election Day but received afterward, focusing on Mississippi's five-day grace period law. Conservative justices expressed skepticism about late-arriving ballots, raising concerns about voter confidence and potential fraud. The case could impact midterm elections, with a decision expected by July.

The Supreme Court heard arguments Monday about whether states can count mail ballots postmarked by Election Day but received afterward. The case centers on Mississippi's law allowing ballots to be counted up to five days after Election Day if postmarked by then.

According to multiple reports, the Republican National Committee (RNC) and Mississippi’s Republican and Libertarian parties argue that federal statutes require all ballots to be received by Election Day. Paul Clement, representing the RNC, told justices that ballots must be in official custody by Election Day or be invalidated.

Several conservative justices, including Samuel Alito and Clarence Thomas, appeared skeptical of state laws governing late-arriving ballots. Justice Alito noted that early voting can start a month before the election and ballots can be received a month after, effectively creating an 'Election Month' instead of a single Election Day.

Justice Brett Kavanaugh also expressed concerns about public distrust if late-arriving ballots change the results unexpectedly. He stated that charges of a rigged election could explode if the apparent winner on the morning after the election ends up losing due to late-arriving ballots, as reported by CNN.

The case could have significant implications for the upcoming midterm elections. A decision is expected by late June or early July, raising concerns about potential chaos and confusion if grace periods are struck down just months before voters cast their ballots.

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