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

[Zincwarrior]

SCOTUS has ruled that Mississippi’s state law permitting counting mail in ballots arriving after election day controls the election process there. SCOTUS found the state law is not pre-empted by current Federal laws.



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



A decision against such ballots could have upended election procedures in states across the country ahead of the midterm elections.

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

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.

 

[Blaster]

Amy Coney Barrett and John Roberts joined the liberal justices to approve mail-in ballots that arrive after election day. This was a bad decision as it will taint all future elections and create distrust among many Americans in the integrity of our elections. Barrett and Roberts have done tremendous damage to our country.

Supreme Court rules on mail-in ballots received after Election Day

www.foxnews.com

 

[Dont Taz Me Bro]

I'm okay with it, but I'd prefer ballots arrive by Election Day. It causes too many problems when states allow them to trickle in for days after (California is the worst) and helps churn up all of these ridiculous conspiracies about ballots being manufactured to orchestrate a win in the days following. It's not hard to mail in your ballot a week early to ensure it gets there. I mailed my primary ballot in two weeks early.

 

[Blaster]

Roberts and Barrett continue to side with the liberal justices. I wish these two would be replaced with real conservative justices. I have no trust in the validity of future elections.

 

[martybegan]

Amy Coney Barrett and John Roberts joined the liberal justices to approve mail-in ballots that arrive after election day. This was a bad decision as it will taint all future elections and create distrust among many Americans in the integrity of our elections. Barrett and Roberts have done tremendous damage to our country.

Supreme Court rules on mail-in ballots received after Election Day

www.foxnews.com

What has to be done is for congress to pass the SAVE act to regulate this in federal elections, or for the States to fix their own election laws.

 

[Blaster]

What has to be done is for congress to pass the SAVE act to regulate this in federal elections, or for the States to fix their own election laws.

We can't rely on SCOTUS to solve this problem with weak spined justices like Barrett and Roberts.

 

[martybegan]

I'm okay with it, but I'd prefer ballots arrive by Election Day. It causes too many problems when states allow them to trickle in for days after (California is the worst) and helps churn up all of these ridiculous conspiracies about ballots being manufactured to orchestrate a win in the days following. It's not hard to mail in your ballot a week early to ensure it gets there. I mailed my primary ballot in two weeks early.

Election day should be one 24 hour period, a national holiday every year, and mail in/absentee ballots only for very specific reasons.

This will also give Trump more reason to press the SAVE act.

 

[martybegan]

We can't rely on SCOTUS to solve this problem with weak spined justices like Barrett and Roberts.

The law is on the books in the State in question. The State needs to fix it, or congress needs to fix it via their ability to regulate federal elections.

 

[Blaster]

The law is on the books in the State in question. The State needs to fix it, or congress needs to fix it via their ability to regulate federal elections.

Rinos in the Senate will oppose it.

 

[WorldWatcher]

What has to be done is for congress to pass the SAVE act to regulate this in federal elections, or for the States to fix their own election laws.

The SAVE Act has nothing do do with vote cast on or before election day and yet received by election officials post election day.

WW

 

[WorldWatcher]

The law is on the books in the State in question. The State needs to fix it, or congress needs to fix it via their ability to regulate federal elections.

The above is true.

The State complied with their own laws under their Constitutional power to regulate election procedures. It will take the State to change their laws or for Congress to exercise their rule making for federal** elections.

WW

**The Constitution does not provide Congress with the ability to change state law as it pertains to local and state offices. Theoretically a State can have different rules for each.

 

[postman]

SCOTUS has ruled that Mississippi’s state law permitting counting mail in ballots arriving after election day controls the election process there. SCOTUS found the state law is not pre-empted by current Federal laws.



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



A decision against such ballots could have upended election procedures in states across the country ahead of the midterm elections.

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

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.

What I can't understand is that in the 2000 election, with Florida the deciding state. With military votes expected to swing to the republican, the democrats allowed military ballots to be counted even if they didn't have a pre-election day postmark.

The debate centered on minute details; whether or
not certain overseas absentee ballots were valid and could therefore be counted if they lacked postmarks,

One difficultly that arises from the expansion of the pool of potential voters is the added
burden of dealing with a voting population that is spread across the globe and is in highly inaccessible areas.8 Such challenges necessitated new rules that facilitate voting for those in the
military living overseas. States responded by liberalizing the rules for military voting and, as a result, purely procedural issues have moved to the background, although as 2000 showed such procedural rules can still present salient problems for military voter participation.

 

[Zincwarrior]

I'm okay with it, but I'd prefer ballots arrive by Election Day. It causes too many problems when states allow them to trickle in for days after (California is the worst) and helps churn up all of these ridiculous conspiracies about ballots being manufactured to orchestrate a win in the days following. It's not hard to mail in your ballot a week early to ensure it gets there. I mailed my primary ballot in two weeks early.

Most states require that, or that the post date on the envelope reflect mailing by that time, to avoid problems with the postal service. But absent Congressional legislation, its a state issue.

 

[postman]

I'm okay with it, but I'd prefer ballots arrive by Election Day. It causes too many problems when states allow them to trickle in for days after (California is the worst) and helps churn up all of these ridiculous conspiracies about ballots being manufactured to orchestrate a win in the days following. It's not hard to mail in your ballot a week early to ensure it gets there. I mailed my primary ballot in two weeks early.

What about GI Joe voting from countries thousands of miles away?

How far ahead of election day would they have to vote, when their mail is handled by a combination of military, foreign and domestic post offices?

Not to mention, those aboard submarines don't surface to get or send mail very often.

 

[Zincwarrior]

Election day should be one 24 hour period, a national holiday every year, and mail in/absentee ballots only for very specific reasons.

only if early voting is included also. Again, its a state issue.

This will also give Trump more reason to press the SAVE act.

 

[Dont Taz Me Bro]

What about GI Joe voting from countries thousands of miles away?

How far ahead of election day would they have to vote, when their mail is handled by a combination of military, foreign and domestic post offices?

Not to mention, those aboard submarines don't surface to get or send mail very often.

Military ballots are a different circumstance.

 

[martybegan]

Rinos in the Senate will oppose it.

Of course they will, but this gives the loyal Republicans more ammo.

 

[postman]

Election day should be one 24 hour period, a national holiday every year, and mail in/absentee ballots only for very specific reasons.

This will also give Trump more reason to press the SAVE act.

Would you treat diplomats (stationed abroad) differently than military personnel (stationed abroad)?

And would you treat them differently than American citizens living abroad?

How many different rules would you want?

 

[martybegan]

The SAVE Act has nothing do do with vote cast on or before election day and yet received by election officials post election day.

WW

Might as well add it then.

 

[postman]

Most states require that, or that the post date on the envelope reflect mailing by that time, to avoid problems with the postal service. But absent Congressional legislation, its a state issue.

In part you hit the nail on the head. Returning ballots are dependent on not just the US Post office, but the Post office of origination.