WASHINGTON (AP) — The Supreme Court is reviewing a case from Mississippi regarding whether states can count mail ballots that arrive late. This issue has drawn the attention of many, including former President Trump.
The court’s decision could influence voting procedures in 14 states and Washington, D.C., which currently allow a grace period for mail-in ballots as long as they are postmarked by Election Day. Additionally, 15 other states permit similar leniency for military and overseas voters.
A ruling is anticipated by late June, potentially shaping ballot counting for the midterm congressional elections in 2026. State officials worry that changing the rules close to elections could create confusion and disenfranchise voters, particularly in areas accustomed to extended deadlines for years. States like California, Texas, New York, and Illinois allow counting of ballots that arrive after Election Day, and rural Alaska also counts ballots that may be delayed due to its challenging geography.
Lawyers representing the Republican and Libertarian parties, along with Trump’s administration, seek to uphold an earlier ruling that invalidated Mississippi’s law permitting late-arriving ballots to be counted if they arrive within five business days post-Election Day and are postmarked on time.
This court challenge is part of a larger scrutiny of mail-in voting initiated by Trump, who has claimed it leads to fraud, despite research showing otherwise. A report by the Brennan Center for Justice indicates that the rate of fraudulent ballots is extremely low, less than 0.01%. Nonetheless, last year, Trump signed an executive order aiming to ensure ballots are both cast and received by Election Day, but this measure is currently blocked by court challenges.
Meanwhile, four Republican-led states—Ohio, Kansas, North Dakota, and Utah—eliminated their grace periods last year, reflecting a broader trend against flexible voting laws. The central question for the Supreme Court is whether federal law mandates a uniform Election Day for both casting and receiving ballots.
In the previous ruling, Judge Andrew Oldham of the 5th U.S. Circuit Court of Appeals stated that Mississippi’s law violated federal guidelines by allowing late mail ballots to be counted. Oldham, along with two fellow judges appointed by Trump, unanimously upheld this decision.
The outcome of this case could have lasting implications not just for Mississippi but for voting laws nationwide, especially as discussions around mail-in ballots continue to evolve.
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