The Supreme Court on Monday rejected a Republican National Committee challenge and ruled that states may count mail-in ballots that arrive after Election Day if they were postmarked on or before that day. The 5-4 decision, written by Justice Amy Coney Barrett, found that Mississippi’s law permitting a short “grace period” for receiving absentee ballots does not conflict with federal law setting Election Day.
Two conservative justices joined the court’s three liberal members in the majority. The ruling preserves Mississippi’s rule — which allows ballots postmarked by Election Day to be counted for up to five days after the election — and leaves similar statutes in place in about a dozen other states, including California, New York and Texas. Officials and election administrators said the decision avoids a major disruption to procedures ahead of the midterm elections.
The RNC, the Mississippi Republican Party and the Libertarian Party of Mississippi had asked the court to overturn a lower-court ruling that required ballots to be both cast and received by Election Day under federal law. Mississippi sought review after the 5th U.S. Circuit Court of Appeals concluded in October that the federal statute requires ballots to be in the hands of election officials by Election Day.
Federal law defines Election Day as “the Tuesday next after the first Monday in November,” but states retain authority to run their own elections. The Supreme Court’s decision leaves in place state discretion to adopt short postmark-based deadlines for receiving absentee ballots, a policy that can affect overseas and military voters who often rely on extended delivery times.
President Donald Trump reacted on social media, calling the ruling a loss and urging Congress to pass legislation he supports that would impose stricter voter ID, proof-of-citizenship requirements, and limits on mail voting. His post reiterated long-standing claims about mail voting and fraud that he has made without evidence.
Democratic leaders and voting rights advocates praised the decision. Senate Minority Leader Chuck Schumer said the court “upheld this bedrock American principle: if you cast your ballot on time, your vote will count.” Civil rights and election groups argued the ruling prevents needless confusion and protects the ability of voters who use the mail to participate in elections.
Supporters of the law warned that overturning these state deadlines would raise serious questions for military and overseas voters; dozens of states allow extended receipt deadlines for ballots sent from abroad. The Supreme Court’s ruling maintains the status quo for the upcoming elections and allows election officials to continue counting ballots that were mailed on time but delivered shortly after Election Day.