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Supreme Court Reviews Late Mail-In Ballot Rules

Supreme Court Reviews Late Mail-In Ballot Rules

Post by : Bianca Haleem

The Supreme Court on Monday is hearing a case from Mississippi that challenges whether states can count mail-in ballots arriving after Election Day. The case has become a focal point of former President Donald Trump’s push to limit mail voting.

The court’s decision could impact voters in 14 states and the District of Columbia, all of which allow ballots postmarked by Election Day to arrive late. Another 15 states with flexible deadlines for military and overseas voters could also be affected.

Election officials warn that forcing changes just months before the 2026 midterms could cause confusion and disenfranchisement, especially in areas that have long allowed late ballots. States like California, Texas, New York, Illinois, and rural Alaska count ballots received after Election Day due to logistical challenges.

Lawyers for the Republican and Libertarian parties, along with Trump’s administration, want the court to uphold a ruling that struck down Mississippi’s law allowing ballots to arrive within five business days after Election Day if postmarked on time.

This case is part of Trump’s broader attack on mail-in voting, which he claims leads to fraud despite evidence to the contrary. Last year, he signed an executive order requiring votes to be “cast and received” by Election Day, but it remains blocked in court.

Meanwhile, four Republican-led states—Ohio, Kansas, North Dakota, and Utah—have eliminated grace periods for ballots.

The Supreme Court will determine whether federal law mandates a single Election Day for ballots to be both cast and received. Judge Andrew Oldham of the 5th U.S. Circuit Court, joined by Judges James Ho and Stuart Kyle Duncan—all appointed by Trump—previously ruled that Mississippi’s late-count policy violated federal law.

A ruling is expected by late June, in time to affect the counting of ballots in the 2026 midterm elections.

March 23, 2026 4:52 p.m. 328
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