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Supreme Court Hears Case on Counting Mail Ballots Postmarked by Election Day

Supreme Court Hears Case on Counting Mail Ballots Postmarked by Election Day
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The Supreme Court on Monday heard arguments in a closely watched case over whether states may count mail ballots that are postmarked by, but arrive after, Election Day — a ruling that could reshape how millions vote in November’s midterm elections cbsnews +1. The dispute, out of Mississippi, could force as many as 14 states and Washington, D.C., to change or discard “grace period” rules that currently keep tens of thousands of timely cast ballots from being thrown out nytimes +1.

At issue in Watson v. Republican National Committee is whether federal law establishing a single national Election Day for federal contests means ballots must be in election officials’ hands by the close of that day, or whether it is enough that voters mailed them on time cbsnews. Republican plaintiffs — including the RNC and the Mississippi Republican and Libertarian parties — argue Mississippi’s five‑business‑day receipt window violates federal statutes; state officials defend their law as a permissible way to avoid disenfranchising voters facing postal delays cbsnews +1.

What the Justices Heard — And What’s at Stake Legally

During oral arguments, the court’s conservatives signaled skepticism toward laws that allow counting ballots arriving days after Election Day, pressing whether such rules undermine the notion of a single, decisive day for federal voting pbs +1. The challengers framed grace periods as flatly inconsistent with Congress’s Election Day mandate, contending that “Election Day is Election Day,” and that receipt deadlines must fall at the day’s end to avoid a patchwork of state practices and post‑election uncertainty nytimes +1.

Mississippi and its allies countered that Congress has long tolerated, and in some cases encouraged, states to accommodate mail and overseas voters, pointing to statutes like the Uniformed and Overseas Citizens Absentee Voting Act, which presuppose ballots may arrive later if cast on time ocregister. Election‑law scholars, including Ohio State’s Edward Foley, have argued that a ruling invalidating grace periods would mark a sharp break with that history and with Congress’s own recent reforms, which left state post‑Election Day receipt rules intact ocregister. A decision is expected by late June or early July, in time to affect 2026 primary calendars cbsnews +1.

How Many Voters Could Lose Their Ballots?

The practical effects could be sweeping even if the percentage of affected ballots in each state is small. In 2024, more than 750,000 mail ballots across 13 jurisdictions with grace periods were received after Election Day, yet counted because they were postmarked on time — including roughly 373,000 in California, more than 100,000 in Illinois, and about 120,000 in Washington State nbcdfw. In Mississippi, 1,140 such ballots were accepted in 2024, about 0.1% of the state’s total vote nbcdfw.

Local election officials warn that eliminating grace periods would fall hardest on military and overseas voters, rural residents far from polling places, and workers who mail ballots close to the deadline cbsnews +1. “It’s not that people are casting a vote after Election Day. They’re not. This is just allowing us to make sure that we receive all of the timely cast ballots,” said one California election administrator, defending postmark‑based rules cbsnews. Critics of extended deadlines say they delay results and fuel suspicion, but independent reviews have repeatedly found mail‑ballot fraud to be rare and heavily penalized when it occurs cbsnews +1.

The Bigger Picture

The case folded the technical question of statutory interpretation into a broader, intensely partisan fight over voting rules in the Trump era pbs +1. A ruling that tightens deadlines nationwide would likely mean fewer ballots counted in closely contested races and force rapid changes to election procedures just months before the midterms, while a decision upholding Mississippi’s system would entrench states’ latitude to prioritize access over speed. Either way, the court’s answer to what “Election Day” means will define how, and how many, American votes are counted this fall.