Supreme Court Allows States to Count Mail Ballots Received After Election Day
The Supreme Court ruled Monday that states may count mail ballots that are postmarked by Election Day but arrive later, rejecting a Republican challenge that could have forced changes to absentee-ballot rules before the 2026 midterms.
The 5-4 decision in Watson v. Republican National Committee reversed the 5th Circuit and upheld Mississippi’s law allowing eligible absentee ballots to be counted if they are postmarked by Election Day and received within five business days. Justice Amy Coney Barrett wrote for the majority, joined by Chief Justice John Roberts and Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson.
The legal question was narrow but consequential: whether federal statutes setting a national Election Day also require mail ballots to be received by that day. The Court said they do not. In the majority’s view, the statutes govern when voters make their choice, while states retain authority over ballot-receipt deadlines.
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That matters beyond Mississippi. Reuters reported the case carried implications for similar practices in roughly 30 states and Washington, D.C., where at least some ballots mailed by Election Day may be counted after Election Day.
The ruling also produced sharp political reaction. Voting-rights advocates praised the decision as a protection against disenfranchising voters because of mail delays, while Trump criticized the outcome and renewed calls for voting restrictions, according to reported reaction.
Justice Samuel Alito dissented, joined by Justices Clarence Thomas and Neil Gorsuch, with Justice Brett Kavanaugh joining most of the dissent. Alito argued the ruling conflicts with federal election statutes and creates risks for election confidence.
The practical effect is immediate: states with similar postmark-and-grace-period rules can keep them in place unless Congress changes federal law or states revise their own deadlines.
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