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Supreme Court Casts Doubt on Counting Mail Ballots After Election Day

The arguments suggest the justices could require ballots to be received by Election Day in federal races.

Overview

  • Conservative justices, in Monday's arguments, pressed Mississippi's defense of a law that counts mail ballots postmarked by Election Day and received within five business days.
  • The RNC and allies said 19th‑century federal statutes set a single national Election Day that bars counting ballots received later, while Mississippi argued voters only need to make their choices by that day.
  • A ruling could change rules in at least 14 states plus Washington, D.C., and three territories that allow short post‑Election‑Day mail‑ballot windows, with a decision expected by June or July before the midterms.
  • Backers of grace periods say they help voters facing mail delays, including troops and overseas citizens, though federal law already requires those ballots be sent 45 days before federal elections.
  • A district judge dismissed the challenge in 2024, the 5th Circuit revived it, and the Supreme Court’s questioning revealed a sharp right‑left split that news outlets framed in starkly different terms.