US Supreme Court To Take Up Case On Whether Late-Arriving Mail Ballots Should Be Counted

(MENAFN- Live Mint) The US Supreme Court on Monday (March 23) will begin hearing arguments over whether states can count mail-in ballots that are postmarked by Election Day but arrive afterward. The case could have major implications for the November 2026 midterm elections.

The case centers on a Mississippi law allowing mail-in ballots to be counted if postmarked by Election Day, a measure similar to laws in 13 other states. A three-judge panel of the conservative 5th US Circuit Court of Appeals struck down the law, prompting Supreme Court review.

Trump’s opposition

President Donald Trump has repeatedly targeted mail-in voting, arguing it delays results and increases the risk of fraud. He has urged Congress to ban mail-in ballots except for military and overseas voters.

Legal arguments

For limiting late ballots: Solicitor General D. John Sauer argued that late-arriving ballots should be invalid, except for military and overseas voters. Sauer previously played a key role in decisions protecting Trump from trial over 2020 election challenges.

For allowing grace periods: Mississippi Solicitor General Scott Stewart defended the law, highlighting states’ authority to set election rules. Voting rights groups and local officials warned that striking down grace periods could cause voter confusion and disenfranchisement.

National implications

Fourteen states currently allow ballots to be counted days or even weeks after Election Day. A Supreme Court ruling against Mississippi could force these states to adjust quickly, potentially affecting millions of voters.

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Mail voting has grown in popularity:

Roughly 30% of voters used mail ballots in the 2024 presidential election, up from 25% in pre-pandemic years.

Some states, including Ohio, Kansas, North Dakota, and Utah, recently eliminated or shortened grace periods.

Practical concerns

Election officials warn that changes to mail ballot deadlines could lead to widespread rejection of ballots. Washington state, which allows ballots 21 days after Election Day, received 127,000 late ballots in 2024. Postmark delays and recent Postal Service changes have added further uncertainty.

Timeline

A final Supreme Court ruling is expected by late June, ahead of the 2026 midterms, giving states only a few months to adjust rules and inform voters if grace periods are struck down.

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