Supreme Court rules mail-in ballots arriving after Election Day can be counted

cigaretteman

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May 29, 2001
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The Supreme Court on Monday upheld a Mississippi law that allows officials to tally mail-in ballots postmarked by Election Day that arrive later, a decision that keeps voting procedures in place in several states as the midterm elections loom.

In an 5-4 ruling, the justices turned aside a challenge by Republicans and Libertarians, who argued federal law preempts a Mississippi statute that allows the counting of such ballots that arrive up to five days after polls close.

The decision could make less likely similar legal challenges in 14 states that allow the counting of ballots that arrive days or weeks after polls close. Most states require mail-in ballots to be received by Election Day.



President Donald Trump and some Republican allies have falsely argued that voter fraud is rampant in mail-in balloting. Trump partly blamed his loss in the 2020 presidential election on mail-in votes and unsuccessfully called on states to stop tallying them during the contest.
Republicans in a number of states have launched legal challenges to mail-in voting, which has grown in popularity since the onset of the coronavirus pandemic. One study found about 1 in 3 voters voted by mail in 2024, but the practice is more widespread in Democratic-leaning states.
Conservatives in Congress also have introduced legislation to limit mail-in voting.
In March, Trump issued an executive order telling the Postal Service to send ballots only to voters who appear on lists of citizens created by states in conjunction with the federal government, but opponents have questioned the order’s legality and are challenging it in court.

Despite his criticism of mail-in voting, Trump voted by mail in a special election in Florida earlier this year.
The Republican National Committee, the Mississippi Republican Party, a state voter and a county election commissioner sued Mississippi in 2024, claiming it was illegal to count mail-in ballots that arrive after polls close because federal law sets elections for a specific day. The Libertarian Party later filed a similar suit.


The cases were consolidated by a federal judge, who allowed groups of veterans and retirees to intervene in the suit on behalf of Mississippi. The judge dismissed the case, but the U.S. Court of Appeals for the 5th Circuit reversed that ruling. Mississippi then appealed to the Supreme Court.
During arguments in March, Paul D. Clement, an attorney for the conservatives, told the justices that casting and counting ballots at the same time has long been “intertwined.” He said allowing mail-in ballots to be counted after Election Day could increase fraud and undermine faith in elections, particularly if the winning candidate was not the one ahead when polls closed.


https://www.washingtonpost.com/politics/2026/06/29/supreme-court-rules-mail-in-ballots-arriving-after-election-day-can-be-counted/
 
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hawkeyetraveler

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Aug 10, 2010
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Crazy *** liberal judges. They are out to get trump because they hate Merica. This is the politicization of the judiciary. Radical, anti-Americans should be hanged.

Am I doing it right?
You forgot to include a reference to trans people and penises.

So no, not quite right, but still pretty good for your first satirical MAGA attempt.
 

Aardvark86

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As I’ve said I think this is the correct result in the absence of any other statutory limits. What’ll be more interesting is next terms case (sg views requested today) about requiring mail ballots to be dated before Election Day.
 
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dpic73

Heisman
Jul 27, 2005
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Organizational fraud is the only path liberals have to any victory. Common sense is dead.
We're still waiting on your evidence of the mass election fraud you've been talking about for years. Surely you have the proof now right?

drumming the master GIF by Doctor Who
 

Huey Grey 2

Heisman
Jul 1, 2025
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It's crazy the Republicans even brought this argument. It reeks of voter suppression especially since Trump is out there trying to stop all mail voting for any states that are blue. Boot Donald from office and any Republicans who were part of this horrible lawsuit.
 

Finance85

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Dec 16, 2022
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The Supreme Court on Monday upheld a Mississippi law that allows officials to tally mail-in ballots postmarked by Election Day that arrive later, a decision that keeps voting procedures in place in several states as the midterm elections loom.

In an 5-4 ruling, the justices turned aside a challenge by Republicans and Libertarians, who argued federal law preempts a Mississippi statute that allows the counting of such ballots that arrive up to five days after polls close.

The decision could make less likely similar legal challenges in 14 states that allow the counting of ballots that arrive days or weeks after polls close. Most states require mail-in ballots to be received by Election Day.



President Donald Trump and some Republican allies have falsely argued that voter fraud is rampant in mail-in balloting. Trump partly blamed his loss in the 2020 presidential election on mail-in votes and unsuccessfully called on states to stop tallying them during the contest.
Republicans in a number of states have launched legal challenges to mail-in voting, which has grown in popularity since the onset of the coronavirus pandemic. One study found about 1 in 3 voters voted by mail in 2024, but the practice is more widespread in Democratic-leaning states.
Conservatives in Congress also have introduced legislation to limit mail-in voting.
In March, Trump issued an executive order telling the Postal Service to send ballots only to voters who appear on lists of citizens created by states in conjunction with the federal government, but opponents have questioned the order’s legality and are challenging it in court.

Despite his criticism of mail-in voting, Trump voted by mail in a special election in Florida earlier this year.
The Republican National Committee, the Mississippi Republican Party, a state voter and a county election commissioner sued Mississippi in 2024, claiming it was illegal to count mail-in ballots that arrive after polls close because federal law sets elections for a specific day. The Libertarian Party later filed a similar suit.


The cases were consolidated by a federal judge, who allowed groups of veterans and retirees to intervene in the suit on behalf of Mississippi. The judge dismissed the case, but the U.S. Court of Appeals for the 5th Circuit reversed that ruling. Mississippi then appealed to the Supreme Court.
During arguments in March, Paul D. Clement, an attorney for the conservatives, told the justices that casting and counting ballots at the same time has long been “intertwined.” He said allowing mail-in ballots to be counted after Election Day could increase fraud and undermine faith in elections, particularly if the winning candidate was not the one ahead when polls closed.


https://www.washingtonpost.com/politics/2026/06/29/supreme-court-rules-mail-in-ballots-arriving-after-election-day-can-be-counted/
To be clear, they specifically said they were ruling on a very narrow question, and that is federal law governing federal elections. They went into great detail in separating that question from states conducting elections, and not addressing anything else such as voting by mail or early voting.

The constitutional question and related federal statute was ruled deficient because it does not specifically address when ballots must be received in federal elections. Congress can change that if they wish.

The SCOTUS was very clear that states run elections and the federal government can only make laws affecting federal elections, in addition to what is Constitutionally stated. The only potential rub for some states is that electors for POTUS must be selected by a specific date, so counting for POTUS isn't indefinite.

The ruling is not surprising based on how it was framed.
 

AFM22

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Oct 31, 2022
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As I’ve said I think this is the correct result in the absence of any other statutory limits. What’ll be more interesting is next terms case (sg views requested today) about requiring mail ballots to be dated before Election Day.
When I lived in OR they had a specific date printed in several places that told us when the last possible day to mail it and it still be counted, otherwise we were to deliver it into a ballot box.
 

Aardvark86

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Oct 12, 2021
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It's crazy the Republicans even brought this argument. It reeks of voter suppression especially since Trump is out there trying to stop all mail voting for any states that are blue. Boot Donald from office and any Republicans who were part of this horrible lawsuit.
My take is that there are indeed states where the time for ballot counting post Election Day is a little out of control. I suspect the reason they brought in Mississippi is they thought it might be a little less aggressively defended.

either way, I agree this is sorta stupid in that even accepting there is some late vote fraud, it is pretty inconceivable to me that it would be material in a state with more limited post Election Day periods for accepting mail ballots.

I also wonder whether the reason this was brought was something of testing the waters to see whether there might be some fertile ground for pre Election Day cases. I would not be surprised if they take the pa case next term and say you actually do have to have proof of pre Election Day mailing. (Some states don’t - even a postmark - which is pretty bizarre to me).
 

hopefultiger13

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Aug 20, 2008
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We're still waiting on your evidence of the mass election fraud you've been talking about for years. Surely you have the proof now right?

drumming the master GIF by Doctor Who
Well, I do have to admit that it's puzzling to me that Trump and company make these arguments. Obama was President and Trump was running. And the Democrats MUST have cheated right... That's what Dems do after all, but somehow Trump won. And when Trump was in charge and promising the most secure election ever, Trump lost. The Democrats MUST have cheated even though Trump was in charge right? THEN Biden was President, and Trump runs again. I'm SURE the Dems must have been cheating, right? Yet somehow Trump wins, again. I gotta say that IF the Dems were cheating like Trump says they were, wouldn't it be EASIER to cheat when you are in charge? But the facts don't really bear that out do they?

Anyone think that with Trump in charge again, if the midterms go poorly, the Dems will be cheating again?

It kind of reminds me of the whole January 6th thing being an Antifa (or whatever plot). I mean Trump was crying, pissing, and moaning to anyone that would listen, that the election was stolen. His court cases were whiffs and even the fake ballot thing went south on him. So January 6th, where congress was set to certify the election was the LAST CHANCE he had for staying in office. If the election was not certified, the House of Representatives votes for President and Trump had a real chance of staying in office.

On the other hand for Dems, all congress had to do was certify the election and Trump was out.

So there's a plan to stop congress from certifying the election. Who is it again that gains from Congress NOT being able to do that? I mean I GET that maybe someone might want Trump and company to look bad. Sure, that could happen. BUT are you seriously telling me that Antifa (or whoever on the left) hatched a plan to distrupt the very last step to getting Trump out and Biden in just to make Trump look bad? REALLY? That make ZERO sense.
 
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dpic73

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Jul 27, 2005
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Well, I do have to admit that it's puzzling to me that Trump and company make these arguments. Obama was President and Trump was running. And the Democrats MUST have cheated right... That's what Dems do after all, but somehow Trump won. And when Trump was in charge and promising the most secure election ever, Trump lost. The Democrats MUST have cheated even though Trump was in charge right? THEN Biden was President, and Trump runs again. I'm SURE the Dems must have been cheating, right? Yet somehow Trump wins, again. I gotta say that IF the Dems were cheating like Trump says they were, wouldn't it be EASIER to cheat when you are in charge? But the facts don't really bear that out do they?

Anyone think that with Trump in charge again, if the midterms go poorly, the Dems will be cheating again?
Somehow, the Republicans own the Executive Branch, the Legislative Branch and the Judicial Branch even though the Democrats cheated. The Dems royally svck at stealing elections I tell ya.
 

RoseBowlorBust

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Jan 4, 2019
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