Supreme Court skeptical of mail ballot arrival deadlines in 2026 midterms case
Conservative Supreme Court justices on Monday questioned whether states should be allowed to count ballots that are mailed on time but arrive after Election Day.
Objective Facts
Conservative Supreme Court justices on Monday questioned whether states should be allowed to count ballots that are mailed on time but arrive after Election Day. The nine justices heard more than two hours of arguments as President Donald Trump has ramped up his opposition to mail-in voting and urged Congress to ban it in most cases. The court is considering a Mississippi law, similar to measures in 13 other states, that allow for mail-in ballots to be counted as long as they are postmarked by Election Day. If the court were to strike down the Mississippi statute, it would upend election rules in the affected states, as well as potentially for people who live overseas, including members of the military. A ruling is expected by late June, early enough to govern the counting of ballots in the 2026 midterm congressional elections.
Left-Leaning Perspective
Democratic lawyer Marc Elias, who often represents the Democratic Party and is helping defend the Mississippi law, argued that "They're trying to kick out of the electorate voters who they would rather not have participate in the election." Trump's opponents counter that the federal Election Day statutes don't go that far, and that states have flexibility in whether to embrace mail-in ballots and how to regulate them. They argue that if the Supreme Court were to accept the GOP's logic, it would make it impermissible for states to offer mail-in voting or even early in-person voting. The American Civil Liberties Union and ACLU of Mississippi filed an amicus brief on behalf of the League of Women Voters, Rural Coalition, Center for Rural Strategies, American Association of People with Disabilities, and Disability Rights Mississippi. The coalition urges the Court not to disrupt the states' ability to determine mail-ballot receipt rules in their own state and depending on the needs of their voters. In Mississippi, this harm will fall disproportionately on voters with disabilities, older voters, and other communities that rely upon absentee voting. If accepted, this radical argument would not only disenfranchise thousands upon thousands of voters in Mississippi and eighteen other states, but also upend election administration in every state. The dispute is part of a multipronged GOP effort to transform federal election rules in advance of a November election that could see the party lose control of Congress. Trump separately is pushing congressional Republicans to enact a sweeping law that would largely outlaw mail ballots, which he insists lead to widespread fraud despite studies and court decisions rejecting such claims. Left-leaning outlets framed this as voter suppression linked to Trump's broader election agenda, characterizing the challenge as an attack on voting access for demographics that lean Democratic.
Right-Leaning Perspective
Conservative U.S. Supreme Court justices signaled skepticism on Monday toward a Mississippi law challenged by Republicans that allows a five-day grace period for mail-in ballots received after Election Day to be counted. Republican President Donald Trump's administration argued in favor of the challenge to Mississippi's law, which permits mail-in ballots sent by certain voters to be counted if they were postmarked on or before Election Day but received up to five business days after a federal election. A Washington lawyer who often represents Republicans in election litigation said "The idea that the election needs to obviously have some kind of definitive end date is a pretty powerful notion for most people, right?" and added "And so this notion that Election Day is over, and it's five days later and I'm still waiting to see how many ballots the Postal Service might return to my registrar is really a challenge." Justices Samuel Alito and Brett Kavanaugh both suggested the Mississippi law could erode confidence in elections by making it easier for fraudulent votes to be cast or for voters to assume fraud occurred when a contest's outcome swings days after Election Day once late-arriving ballots are counted. Alito asked "Do you think it's legitimate for us to take into account Congress's desire, Congress's passage of the Election Day statutes for the purpose of combating fraud or the appearance of fraud?" and stated "Election outcomes can be seriously undermined if the apparent outcome of the election on the day after the polls close is radically flipped … by a big stash of ballots" that came in late. The legal challenge centers on statutes passed by Congress in the 19th and early 20th centuries that standardized federal elections for the Tuesday after the first Monday in November. Republicans argue those statutes preclude states from setting post-Election Day ballot receipt deadlines. "Election-day receipt promotes election integrity and voter confidence as much today as it did when Congress passed that law," the Trump administration told the Supreme Court in a legal brief. Right-leaning coverage and arguments focused on election integrity concerns and the principle of a definitive Election Day.
Deep Dive
The U.S. Supreme Court is considering upending key election deadlines in as many as 29 states with a case that draws the justices into President Donald Trump's campaign against mail-in ballots. The Republican Party and the Trump administration say grace periods across the country are incompatible with federal law. The dispute is part of a multipronged GOP effort to transform federal election rules in advance of a November election that could see the party lose control of Congress. In an unusual twist, the Supreme Court case features Republicans on both sides of the debate, with Mississippi Attorney General Lynn Fitch defending the law against arguments by the Republican National Committee, the Trump administration and the Mississippi Libertarian Party. The case centers on whether Congress's 19th-century statutes setting a single "Election Day" preempt state decisions to allow grace periods for ballots postmarked on time but arriving late. The left's arguments rest on federalism and access: states have historically set their own rules, and federal law merely sets the election date, not the receipt deadline. Liberal Justice Elena Kagan suggested that the structure of key federal election law seemed to reflect a congressional view that states have flexibility in setting ballot-receipt deadlines. It seems that Congress believed that setting ballot-receipt deadlines "was something that was a state function," Kagan said. "And so they wrote the statutes this way, where, with respect to all elections, the states were setting their own receipt deadlines." The right's concern is about finality and appearance: a clear deadline creates voter confidence and prevents the phenomenon of late-arriving ballots changing outcomes. Limits on early-voting also seemed to bother Chief Justice John Roberts, who seemed the conservative member of the court most likely to side with Mississippi. What the left omits is discussion of whether document-delivery logistics justify extended deadlines; what the right omits is actual documented fraud evidence—Mississippi's attorney conceded none exists. Trump last year vowed to end the use of mail-in ballots nationwide before the 2026 U.S. midterm elections in November, a move that likely would disproportionately benefit his party given that Democratic voters traditionally have been more likely to use mail-in ballots than Republican voters. Justice Amy Coney Barrett also had sharp questions for Stewart, although it was not clear where she or Chief Justice John Roberts might ultimately land. Barrett, at a later point in the argument, said that while there are "really good policy reasons" to require ballots to arrive by Election Day, she still had questions about whether federal law bars it. The outcome remains genuinely uncertain. Ohio Gov. Mike DeWine last month reluctantly eliminated his state's grace period for mail-in absentee ballots, citing the pending Mississippi case and concerns that Ohio elections would be "chaotic" if a ruling came down in the middle of the cycle. If the court rules for the RNC, it would affect California, Texas, New York, Illinois, Alaska, and 24 other jurisdictions; if it rules for Mississippi, it signals deference to state election authority in the mail-voting era. The decision will likely turn on two to three swing justices' view of federal preemption and the level of deference owed to states on procedures Congress did not explicitly regulate.