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Supreme Court hears challenge over counting mail ballots received after Election Day

Mar 23rd 2026 · United States

Justices are weighing whether federal statutes bar states from counting ballots postmarked by Election Day but delivered afterward in a Mississippi case that could affect many states and overseas voters.

  • The case asks whether federal law requires ballots to be received by Election Day or only cast by that date.
  • Mississippi allows ballots postmarked by Election Day to be counted if received within five days, and 14 states plus D.C. have similar grace periods.
  • The 5th Circuit struck down Mississippi's law, ruling federal law requires receipt by Election Day, after a district court had upheld the state.
  • Supporters of grace periods warn a ruling for challengers could disenfranchise military and overseas voters who rely on late-arriving mail ballots.
  • The Trump administration and the RNC argue the ballot box must close on Election Day and the Supreme Court is expected to decide by late June or early July.

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