Supreme Court says states can count mail ballots that arrive after Election Day

Supreme Court Rules States May Count Post-Election Mail Ballots

Supreme Court says states can count - The U.S. Supreme Court has decided that states can include mail ballots in the final tally even if they arrive after Election Day, as long as they are postmarked by the deadline. This ruling, delivered in the case Watson v. Republican National Committee, resolved a Republican challenge to Mississippi's law, with the court splitting 5 to 4 to uphold the state's measure.

Legal Justification for the Decision

Justice Amy Coney Barrett, writing for the majority, argued that the Framers of the Constitution understood the challenges of crafting adaptable election laws. They chose to delegate the authority to set election rules to state legislatures rather than embedding them into the Constitution. Barrett emphasized that the election-day statutes set no requirement for ballot receipt, and the Court cannot impose its own deadlines on Congress's chosen framework.

"The election-day statutes say nothing about ballot receipt, and we cannot add to the words Congress chose," Barrett stated. "Federal election laws require the electorate to make their choice on Election Day, which occurs when the deadline for voting is met, as it is in Mississippi."

The ruling clarifies that while Election Day is the Tuesday after the first Monday in November, the statutes do not mandate that ballots be received by that date. Therefore, Mississippi's law, which allows ballots postmarked by Election Day to be counted up to five days afterward, is constitutionally valid.

Impact on Midterm Elections

With the November midterms approaching, the decision could affect similar laws in over a dozen states. These states permit ballots postmarked by Election Day to be counted even if they arrive later. President Trump has long criticized mail voting, alleging it leads to fraud, and his administration supported the RNC's challenge, insisting that Election Day is the cutoff for ballot collection.

Legislative Response in Mississippi

Mississippi Attorney General Lynn Fitch, a Republican, praised the ruling as a victory for federalism. She called on lawmakers to remove the post-Election Day deadline for mail ballots, stating, "President Trump is right to prioritize improving public trust in our elections." Fitch believes the decision opens the door for the state to adjust its rules to align with the federal framework.

State Ballot Laws Across the U.S.

All 50 states require ballots to be submitted by Election Day. However, 14 states and the District of Columbia accept mail ballots postmarked by the deadline but received afterward. Additionally, 29 states and D.C. allow some military and overseas ballots to be counted up to five days post-Election Day. Mississippi's law falls into the latter category.

Broader Election-Related Cases

The ruling is part of a series of election-related cases the Supreme Court has heard this term. In January, the court revived a lawsuit challenging Illinois' late ballot counting rules, though the decision was procedural. The conservative majority also weakened a key part of the Voting Rights Act, triggering redistricting efforts in Southern states during primary season.

Additional Case Under Review

Currently, the Court is also evaluating a significant campaign finance case concerning federal limits on political committee spending in coordination with candidates. This case, along with the others, underscores the justices' ongoing scrutiny of election processes and voting regulations.