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Supreme Court Weighs Whether States Can Count Late-Arriving Mail Ballots

A ruling this summer could force many states to change mail ballot receipt deadlines before the fall federal elections.

Overview

  • The Supreme Court, which heard two hours of argument Monday, took up Watson v. RNC over Mississippi’s rule to count ballots postmarked by Election Day and received within five days.
  • Several conservative justices pressed for a firm received-by-Election-Day cutoff, and liberal justices pointed to long practice and military and overseas exceptions.
  • The case follows a Fifth Circuit ruling for the RNC that read federal law to require ballots to be both cast and received by Election Day.
  • A decision is expected in June, and some election officials have begun contingency plans as justices warned about changing rules close to an election.
  • A ruling against postmark-based windows could force changes in many states, including D.C., and would affect voters who rely on the mail, such as service members and citizens abroad who vote under the federal UOCAVA law.