Supreme Court Upholds Mail Ballot Counting Post-Election Day, Easing Concerns for Many States
In a significant ruling, the U.S. Supreme Court has decided against a Republican-led initiative to prohibit counting mail ballots arriving after Election Day, providing relief to several states with existing grace periods for such ballots. This decision, favoring Mississippi over the Republican National Committee (RNC), allows 14 states to continue their current practices without the need for immediate alterations ahead of upcoming elections.
Ohio had already adjusted its legislation in anticipation of a different outcome. Meanwhile, 15 states maintain grace periods specifically for ballots from military and overseas voters. Washington Secretary of State Steve Hobbs emphasized the importance of the ruling, noting it ensures that voters whose ballots are postmarked on time but arrive late still have their votes counted.
Mail-in voting has been a contentious topic, often criticized by former President Donald Trump, who attributes his 2020 election loss to mail ballots. The RNC and the Libertarian Party sought to overturn a Mississippi statute, arguing it conflicted with federal law by allowing ballots postmarked by Election Day to be counted if received within five days.
Justice Amy Coney Barrett, writing for the majority, clarified that federal election statutes do not mandate receipt of ballots by Election Day. Her opinion focused narrowly on this issue, avoiding broader statements about absentee voting or state versus federal authority.
In Illinois, where mail-in ballots constituted a significant portion of recent primary votes, plans to inform voters about potential deadline changes have been halted following the court’s ruling. Illinois allows counting of ballots postmarked by Election Day if received within 14 days, and Matt Dietrich from the state elections board highlighted the challenge of communicating election administration changes to voters.
California, often criticized for its ballot counting pace, also benefits from the ruling. Secretary of State Shirley Weber called it a victory for voters and democracy. Meanwhile, Mississippi’s Secretary of State Michael Watson praised the decision as an affirmation of states’ rights in setting election rules, provided they align with federal law.
Alongside California, Illinois, and Mississippi, other states counting mail ballots arriving after Election Day include Alaska, Maryland, Massachusetts, Nevada, New Jersey, New York, Oregon, Texas, Virginia, Washington, and West Virginia. Data indicates that mail voting is popular among voters from both major parties across all states.
Despite the RNC’s involvement, which operates closely with the president’s political strategies, Trump expressed dissatisfaction with the ruling, urging for the passage of his election law proposal, the “SAVE AMERICA ACT.” This legislation aims to enforce citizenship documentation, photo ID requirements, and restrictions on mail voting.
Lower courts have consistently blocked efforts by the Trump administration to impose new mail voting restrictions, affirming that election rule-setting authority lies with Congress and states. While the Supreme Court’s decision was narrowly focused, it might bolster Democratic hopes that future election-related cases could be viewed skeptically by the court.
Massachusetts Secretary of State Bill Galvin expressed relief over the ruling but warned of the narrow 5-4 decision’s implications. The case held particular significance for Alaska, where remote communities depend on the grace period due to logistical challenges. Jacqueline De León from the Native American Rights Fund highlighted these difficulties, noting the critical role of mail voting in such areas.
