The U.S. Supreme Court is set to hear arguments Monday in a case that could reshape how mail-in ballots are counted nationwide. At issue is whether states can include ballots that arrive after Election Day if they were postmarked on time, a practice currently allowed in many parts of the country.
The ruling could affect 29 states and Washington, D.C., where certain absentee ballots—particularly those from military and overseas voters—are permitted to arrive after Election Day. While mail-in voting declined following the peak of the COVID-19 pandemic, it remains a significant part of U.S. elections, accounting for roughly 30% of ballots cast in 2024, according to the United States Election Assistance Commission.
The case stems from a 2020 Mississippi law allowing ballots to be counted up to five days after Election Day. The Republican National Committee challenged the policy in 2024, arguing it conflicts with federal law establishing a uniform election date. A lower court upheld the law, but the Fifth Circuit Court of Appeals later ruled that ballots must be received by Election Day.
Supporters of grace periods, including the American Civil Liberties Union and the Brennan Center for Justice, argue that states have long had flexibility to accommodate voters facing logistical challenges, such as military personnel and rural residents. They warn that eliminating these policies could disenfranchise vulnerable groups.
Opponents, including the Honest Elections Project and American Legislative Exchange Council, contend that extending deadlines undermines the uniformity of federal elections and may erode public trust.
.jpg)
