In a 5-4 decision, the Supreme Court on Monday upheld mail-in ballots in 14 states and the District of Columbia, rejecting a Republican National Committee challenge to state laws that allow ballots postmarked by Election Day to be counted after polls close. Justice Amy Coney Barrett wrote the majority opinion, joined by Chief Justice John Roberts and the three liberal justices—Sonya Sotomayor, Elena Kagan, and Katanji Brown Jackson.
The ruling centered on Mississippi’s law, which allows mail-in ballots to be counted up to five business days after Election Day as long as they were postmarked by Election Day. The RNC had argued that federal election statutes require ballots to be both cast and received by Election Day, but the court disagreed. “Nothing in the federal election-day statutes requires ballots to be received by election day,” Barrett wrote in the opinion.
The decision preserves state authority over election administration and avoids an election-year upheaval of voting laws ahead of November’s midterm elections. States including California, New York, and Texas maintain similar grace-period provisions. Hundreds of thousands of voters relied on late-arriving mail-in ballots in the 2024 elections, though this represented a small share of total votes cast.
The case originated when the RNC challenged Mississippi’s law after the state amended its election code in 2020 during the Covid-19 pandemic. A lower federal court initially rejected the RNC’s challenge, but the 5th U.S. Circuit Court of Appeals ruled in October 2024 that federal law requires ballots to be received by Election Day. Mississippi then appealed to the Supreme Court, and the justices heard oral arguments in March 2026.
A victory for the RNC would have had broader implications for voters serving overseas and in the military. According to a brief filed by former national security officials, 29 states allow extended deadlines for military and overseas voters—populations that face mail delays due to their locations. Justices Samuel Alito, Clarence Thomas, and Neil Gorsuch dissented from the decision, with Alito arguing that Election Day is a specified date and allowing ballots to arrive later violates federal law.
Sources
- NBC News — Supreme Court ruling details, 5-4 decision, Barrett majority opinion, Mississippi law provisions, 14 states with similar laws, late-arriving ballot statistics, military and overseas voter implications
- The Guardian — Majority and dissent composition, Barrett opinion text, Alito dissent, state law details, oral argument context
- ABC News — Confirmation of 5-4 decision and state law provisions
