The US Supreme Court on Monday (March 23) will begin hearing arguments over whether states can count ballots that are postmarked on Election Day but arrive later. The case could have major implications for the November 2026 midterm elections.
The case centers on a Mississippi law that allows mail-in ballots to be counted if they are postmarked on Election Day, a measure similar to laws in 13 other states. A three-judge panel of the conservative 5th U.S. Circuit Court of Appeals struck down the law, prompting a Supreme Court review.
Trump’s opposition
President Donald Trump has repeatedly targeted mail-in voting, saying it delays results and increases the risk of fraud. He urged Congress to ban mail-in ballots except for military and overseas voters.
Legal arguments
To limit late voting: Solicitor General D. John Sauer argued that late ballots should be invalid, except for military and overseas voters. Sauer previously played a key role in the decision to protect Trump from legal challenges in the 2020 election.
In favor of allowing a grace period: Mississippi Attorney General Scott Stewart defended the law, emphasizing states’ authority to set election rules. Voting rights groups and local officials have warned that eliminating the grace period could cause voter confusion and disenfranchisement.
National implications
Fourteen states currently allow ballots to be counted days or even weeks after Election Day. The Supreme Court’s ruling against Mississippi could force those states to adapt quickly, potentially affecting millions of voters.
Trends in postal voting
Email voting has become popular:
About 30% of voters used mail-in ballots in the 2024 presidential election, up from 25% in pre-pandemic years.
Some states, including Ohio, Kansas, North Dakota and Utah, have recently eliminated or shortened grace periods.
Elections officials warn that changes to postal voting deadlines could lead to widespread rejection of ballots. Washington state, which allows voting 21 days after Election Day, received 127,000 late ballots in 2024. Delays in postmarks and recent changes to the postal service have added to the uncertainty.
Timeline
A final Supreme Court decision is expected in late June, ahead of the 2026 midterms, giving states just a few months to adjust the rules and notify voters if the grace periods are lifted.
