Supreme Court to Decide Mail-In Ballot Deadline
SCOTUS will rule whether States can count ballots received after Election Day, a case that could reshape voting rules nationwide
The U.S. Supreme Court will soon decide a major election law dispute over whether States can count mail-in ballots that are postmarked by Election Day but arrive days later. The case, Watson v. Republican National Committee, challenges a Mississippi statute that allows absentee ballots to be received up to five business days after Election Day, as long as they were mailed on time. The Republican National Committee and other challengers argue that this policy conflicts with federal law, which sets a single, uniform Election Day for choosing federal offices.
Mississippi’s position is that the election ends when the voter casts or mails a ballot on Election Day, and that the arrival of the ballot at a county office is simply an administrative matter. In its filing, the State wrote, “An ‘election’ is the conclusive choice of an officer. Voters make that choice by casting—marking and submitting—their ballots by election day.” The challengers disagree, arguing that allowing ballots to arrive later effectively extends the voting period beyond what federal law permits. In its ruling, the Fifth Circuit Court of Appeals Stated, “Federal law requires voters to take timely steps to vote by Election Day. And federal law does not permit the State of Mississippi to extend the period for voting by one day, five days, or 100 days.”
The implications of this case go far beyond Mississippi. Sixteen States, along with the District of Columbia, Guam, and Puerto Rico, currently allow mail-in ballots postmarked by Election Day to be counted if they are received within a short grace period afterward. If the Supreme Court upholds the Fifth Circuit’s view, those laws could be upended ahead of the 2026 midterm elections, forcing State election offices to re-write deadlines and re-train local clerks.
Under current federal law, the “day for the election” for federal offices is the Tuesday after the first Monday in November. Mississippi law extends that timeline by allowing mailed ballots postmarked by Election Day to be received up to five business days later. The District Court initially upheld the statute, but the Fifth Circuit reversed the ruling, finding that federal law preempts the State’s grace period. Mississippi appealed, and the Supreme Court agreed to take up the case on November 10, 2025.
The question being considered by the Court is how much authority States have to control the “time, place, and manner” of elections under the Constitution. If the Supreme Court rules that ballots must be received—not just mailed—by Election Day, States allowing late-arriving ballots may have to change their laws. Election officials have warned that an abrupt change could impact military and overseas voters, whose ballots often face postal delays. Voting-rights advocates are concerned that strict deadlines could disenfranchise those voters.
Critics of late-arriving ballots, among them President Trump, say that extending the counting period opens the door to errors and potential fraud. Each day that ballots are accepted after Election Day, they argue, increases the risk of misplaced mail, unauthorized handling, or confusion over which votes were legally cast in time. Security experts have noted that loose chain-of-custody procedures and varying State deadlines make it more difficult to verify ballots and maintain uniform standards across the country. Opponents also warn that long delays in vote counting can erode public confidence, especially when election results shift after Election Night. Proponents of strict deadlines say that requiring ballots to arrive by Election Day provides clear closure, prevents disputes, and helps safeguard public trust in certified results.
Supporters of the Mississippi law counter that allowing a brief grace period ensures every lawful vote counts, especially from rural voters or those serving overseas. They argue that postal slowdowns shouldn’t penalize citizens who followed all instructions and mailed ballots on time. The Supreme Court’s ruling will determine which principle carries more weight—the strict federal cutoff or the State’s flexibility in managing local elections.
The Court’s decision could redefine how and when mail-in ballots are counted nationwide, with implications for both voters and election officials. States that have expanded vote-by-mail options in recent years may soon have to reconsider their policies. Looking ahead to the 2026 elections, the ruling could determine whether Election Day truly means the day voting ends—or merely the day ballots must be sent.
In Alabama, the decision is likely to reinforce the State’s already strict ballot-handling laws. Under current Alabama law, all absentee ballots must be received by the close of polls on Election Day to be counted, regardless of when they were mailed. Election officials say this clear cutoff helps prevent disputes and maintains voter confidence. If the Supreme Court sides with the challengers in the Mississippi case, Alabama’s approach could become the national standard—one that emphasizes timeliness, transparency, and integrity in every count.
