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Supreme Court Lets States Count Mail Ballots Postmarked By Election Day

The 5-4 ruling preserves state receipt windows and reduces the chance of last-minute changes before the 2026 midterms.

Overview

  • The Supreme Court ruled Monday that states may count mail ballots received after Election Day if they bear a postmark dated on or before Election Day.
  • Justice Amy Coney Barrett wrote the 5-4 majority opinion, joined by Chief Justice John G. Roberts Jr. and three liberal justices, which rejected the Republican National Committee’s challenge to Mississippi’s law.
  • The decision upholds Mississippi’s rule allowing ballots postmarked by Election Day to be counted if received within five business days and preserves similar procedures used in at least a dozen states.
  • The Court said federal law requires that a voter mark their ballot by Election Day but does not force states to require physical receipt the same day, and it found the challengers’ view conflicted with protections for military and overseas ballots.
  • By keeping state receipt windows in place, the ruling maintains voting access for people who rely on mail and limits the chance of rule changes before the November 3, 2026 midterms, while prompting sharp praise from voting-rights groups and criticism from Republican leaders.