The U.S. Supreme Court agreed to hear Mississippi’s appeal concerning a state law that permits mail-in ballots postmarked by Election Day but received up to five business days later to be counted.
This case challenges a lower court ruling that declared the Mississippi law illegal because it conflicts with federal election law requiring ballots to be received by Election Day.
The big picture: The Supreme Court is set to hear arguments and issue a ruling by the end of June.
- Republican President Donald Trump vowed in August to end the use of mail-in ballots nationwide before the 2026 midterm elections, a move expected to advantage Republicans, as Democrats tend to use mail-in ballots more.
- Approximately 30 states and the District of Columbia currently allow ballots postmarked by Election Day but received after to be counted within a certain grace period.
Driving the news: Mississippi’s law was passed in 2020 by its Republican-controlled legislature on a bipartisan basis during the early COVID-19 pandemic, allowing absentee voting only for specific groups, such as the elderly, disabled, or those away from home.
- The New Orleans-based 5th U.S. Circuit Court of Appeals ruled in 2024 that Mississippi’s law was preempted by federal statutes mandating ballots be both cast and received by Election Day for federal elections.
- The 5th Circuit ruled that federal law does not permit extending the ballot receipt deadline by any number of days but did not immediately block Mississippi’s procedures, instead remanding the case for further review.
- The 5th Circuit’s jurisdiction covers Mississippi, Louisiana, and Texas, but its decision raised questions about similar mail-in ballot policies in other states.
Go deeper: Republicans generally express skepticism toward mail-in ballots; Trump alleged – without evidence – widespread voter fraud linked to mail-in voting and falsely claimed he won the 2020 election.
- Mississippi argued before the Supreme Court that the appeals court decision risks nationwide litigation and election chaos due to last-minute election law lawsuits.
- The outcome of this case could affect voting practices beyond Mississippi and might lead to stricter mail-in ballot rules nationwide.
