High Court Reviews Mail Ballot Deadlines in Mississippi Case

The U.S. Supreme Court heard arguments Monday in a Mississippi case challenging whether states can count mail-in ballots that arrive after Election Day. The decision could impact ballot counting procedures in 14 states plus D.C. that currently allow grace periods for postmarked ballots.

WASHINGTON — On Monday, the nation’s highest court examined arguments in a Mississippi dispute centered on whether states may tally mail-in ballots that reach election offices after Election Day, an issue President Donald Trump has frequently criticized.

The decision could influence voting procedures across 14 states plus the District of Columbia that currently permit grace periods for mailed ballots, as long as they bear Election Day postmarks. Another 15 states with extended deadlines for military and overseas ballots may also face changes.

Justices are expected to issue their decision by late June, providing sufficient time to guide ballot processing for the 2026 midterm elections.

Election administrators from states and major cities warned the court in written arguments that requiring states to alter their procedures mere months before an election could create “confusion and disenfranchisement,” particularly in areas that have maintained flexible deadlines for many years.

States including California, Texas, New York and Illinois currently permit post-Election Day receipt deadlines. Alaska, with its remote geography and unpredictable weather conditions, also accepts ballots that arrive late.

Legal representatives for Republican and Libertarian parties, along with Trump’s administration, are urging the justices to uphold an appeals court decision that invalidated Mississippi’s statute permitting ballot counting for up to five business days after the election, provided ballots carry Election Day postmarks.

This legal challenge forms part of Trump’s wider criticism of mail-in voting systems, which he claims facilitate fraud, despite substantial evidence contradicting this assertion and extensive successful implementation across multiple states.

The Republican president issued an executive order on elections last year designed to mandate that votes be “cast and received” by Election Day. However, ongoing legal challenges have prevented its enforcement.

Meanwhile, four Republican-controlled states — Ohio, Kansas, North Dakota and Utah — removed their grace periods last year, data from the National Conference of State Legislatures and Voting Rights Lab shows.

The central question before the Supreme Court involves whether federal statutes establish a uniform Election Day requiring both voter submission and official receipt of ballots.

When the 5th U.S. Circuit Court of Appeals eliminated Mississippi’s grace period, Judge Andrew Oldham determined that the state’s late-arrival ballot provision conflicted with federal requirements.

Oldham, along with fellow judges James Ho and Stuart Kyle Duncan who supported the unanimous decision, received their appointments from Trump during his initial presidency.