The U.S. Supreme Court on Monday will hear a case that could have sweeping implications for the 2026 midterm elections and future federal contests, as Republicans seek to block states from counting mail-in ballots received after Election Day.
Currently, 30 states, Washington, D.C., and several U.S. territories allow election officials to count certain late-arriving ballots, provided they were cast by Election Day and received within a designated period afterward, according to the National Conference of State Legislatures.
The case centers on Mississippi’s law permitting absentee ballots to be counted if they arrive up to five days after Election Day, as long as they were mailed on or before that date.
The Republican National Committee, which brought the lawsuit, argues that the policy violates federal law establishing a single Election Day for federal races. Republicans contend that the term “election” encompasses both the submission and receipt of ballots, and that all aspects of voting must be completed on that day.
“Allowing states to count large numbers of mail-in ballots that are received after Election Day undermines trust and confidence in our elections,” RNC Chair Joe Gruters said in a statement. “Elections must end on Election Day.”
Mississippi officials and voter advocacy groups counter that “election” has historically referred to when voters cast their ballots—not when those ballots are received or counted.
“The weight of the law and the weight of the precedent is on our side,” said Marc Elias, a Democratic election attorney representing parties defending the law.
A ruling in favor of the RNC could force significant changes to voting procedures in dozens of states just months before the 2026 midterms.
Voting rights advocates warn that eliminating grace periods could lead to the rejection of ballots cast on time but delayed in transit, potentially disenfranchising large numbers of voters.
According to the U.S. Election Assistance Commission, hundreds of thousands of ballots in the 2024 election were counted after arriving post-Election Day under such policies.
Many states adopted these provisions during the COVID-19 pandemic, when mail voting surged and postal delays raised concerns about voters losing their ability to participate. The policies have also been used to accommodate military personnel and Americans living overseas.
Elias argued the lawsuit is part of a broader Republican effort to restrict mail-in voting, which Democrats believe tends to benefit their candidates.
“This is just a partisan effort to undermine mail-in voting,” Elias said.
The Trump administration, though not a party to the case, has filed a brief supporting the challenge. Solicitor General John Sauer argued that requiring all ballots to be received by Election Day would reduce opportunities for fraud.
Mississippi Attorney General Lynn Fitch rejected that claim, arguing that neither ballot receipt nor vote counting has historically been limited to Election Day.
“Counting votes is not part of the election,” Fitch wrote. “States may require only that absentee ballots be mailed by Election Day.”
A decision is expected by the end of June.
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This is all about cheating during the elections, that is why the corrupt politicians are so intent on allowing anyone to vote, regardless of citizenship or when the ballot was cast.
Americans (mainly the Conservative Voters): Hello. What does “Election Day” mean ? And the only “paper ballots” allowed should be the paper ballots on Election Day. No more electronic machines that cow-tow the tally to revised software by an unscrupulous “toll taker” that changes our votes…including those Philly PA districts that have 110% of “registered voters” tallies. Like the following statement: “…it does not matter who votes, it matters who COUNTS the votes…joseph stalin.
I say the ballots have to be in on election day. If you put it in the mail, you must assume the risk your ballot may not get their in time. Makes another reason why people need to vote in person on election day with certain exceptions, doesn’t it?