Supreme Court to Decide on Counting Late-Arriving Mail-In Ballots
Overview of the Legal Battle
The Supreme Court announced on Monday that it will review whether federal law prohibits states from counting mail-in ballots that arrive after Election Day. This pivotal case primarily concerns Mississippi’s regulations for late-arriving absentee ballots and ties in with a lawsuit from Republican Congressman Michael Bost, which addresses a similar issue in Illinois. The court had previously heard arguments in the Illinois case in October, but the focus in Mississippi is on defining the term “Election Day” and its implications for states with policies allowing the counting of mail-in ballots received post-Election Day, especially in the lead-up to the 2026 midterm elections.
Context and Implications
Former President Donald Trump has been a vocal critic of mail-in voting, claiming it promotes voter fraud. In March, he signed an executive order aimed at tightening rules for late-arriving ballots, instructing the Attorney General to enforce federal laws mandating a uniform Election Day. This directive, however, has faced challenges in federal courts. In response, some Republican-led states have attempted to impose stricter regulations on mail-in voting, with three states opting to eliminate the grace period for receiving mail-in ballots this year.
The core issue in this case is whether U.S. laws designating Election Day take precedence over state laws permitting the counting of ballots that arrive later. Congress designated the Tuesday following the first Monday in November as the official Election Day to select candidates for the House, Senate, and presidency. In recent years, multiple states, including Mississippi, have implemented laws allowing the counting of some ballots received post-Election Day, provided they are postmarked by Election Day. Mississippi’s law, initially put in place during the COVID-19 pandemic, now allows absentee ballots to be counted if postmarked by Election Day and received up to five days later.
According to the National Conference of State Legislatures, a total of 16 states maintain policies to accept and count mail-in ballots received after Election Day if they are postmarked in time.
Legal Proceedings
In January 2024, the Republican National Committee, along with the Mississippi Republican Party and other plaintiffs, filed a lawsuit against state election officials, challenging the rules governing mail-in ballots. They claimed that these state procedures conflicted with federal election laws and violated their constitutional rights under the First and Fourteenth Amendments. The Libertarian Party of Mississippi is also involved in the ongoing legal disputes.
A U.S. district court in Gulfport, Mississippi, sided with state officials, asserting that the state’s law is consistent with federal laws regarding Election Day. It concluded that states maintain the authority to define their electoral processes in the absence of specific federal laws about mail-in ballots. Judge Louis Guirola indicated that post-Election Day activities involve only the counting of ballots cast before the election.
However, upon appeal, the U.S. Court of Appeals for the 5th Circuit ruled in favor of the Republican factions, stating that federal law necessitates that ballots be cast and received by Election Day. Judge Andrew Oldham, writing for the panel, emphasized that the election process does not conclude until all ballots are received, and therefore, any state law permitting late ballot acceptance is preempted by federal law.
Further Appeals and Nationwide Ramifications
Following the 5th Circuit’s decision and the denial for a rehearing, Mississippi officials appealed to the Supreme Court. They cautistartd that upholding the 5th Circuit’s ruling could create nationwide instability regarding mail-in voting procedures, potentially requiring many states to alter their laws. Mississippi officials argued that allowing ballots to be counted after Election Day could significantly impact elections, as late-arriving ballots might change the outcomes in closely contested races.
In their filings, Mississippi representatives maintained that the act of counting ballots is separate from the election itself, which concludes once voters submit their selections on Election Day. Conversely, Republican attorneys argued that permitting mail-in ballots received after Election Day would lead to inconsistencies and undermine the voting process established by Congress.
As the legal arguments continue, the implications of the Supreme Court’s upcoming ruling could have significant effects on mail-in voting procedures across the country, especially as the midterm elections approach.