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Supreme Court sides against Republicans to uphold mail-in ballot grace periods

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ENSURING CITIZENSHIP VERIFICATION AND INTEGRITY IN FEDERAL ELECTIONS

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Supreme Court Rules States Can Count Mail-In Ballots After Election Day

Supreme Court allows states to count mail-in ballots that arrive late, rejecting RNC challenge

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Which party will control the US Congress following the 2026 midterm elections?

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"Federal law does not mandate that ballots be received by state officials before Election Day's conclusion, and the panel's contrary holding is erroneous."

"The Fifth Circuit’s analysis runs counter to the plain text of the federal laws it interprets."

"We think there is a good chance the Supreme Court will undertake review, and reverse the Fifth Circuit so that the ruling won’t have any effect even in the states covered by the Fifth Circuit."

“Congress set a national election day to avoid the ‘evils’ of burdening citizens with multiple election days and of risking undue influence upon voters in one state from the announced tallies in states voting earlier. Neither of those concerns,” he concluded, “is raised by allowing a reasonable interval for ballots cast and postmarked by election day to arrive by mail.”

“Federal law requires voters to take timely steps to vote by Election Day,”

"Fifth Circuit’s interpretation will require Mississippi to amend or abandon its five-business-day receipt grace period for federal races and will likely call into question similar laws in other states that allow ballots to arrive after election day."

"The Supreme Court should uphold the historic decision by the Fifth Circuit that sensibly concluded that counting ballots received after Election Day is unlawful.”

"Federal law clearly says that ballots must be received by Election Day."

Will the US Supreme Court Conclude Mail-In Ballots Cannot be Counted After Election Day?

Donald Trump

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James Gardner

"The president does not have direct executive power over elections to ban mail voting."

"The president does not have any legal authority over the administration of mail voting."

"The President plays literally no role in elections, and that's by design of the founders."

“The President has no power constitutionally to dictate to states the manner in which they conduct national elections."

"[Trump's mail-in ballot ban] would violate the Constitution and is a major step to prevent free and fair elections."

"[Trump] would need the cooperation of Congress [to ban mail-in ballots], which I think he'd be unlikely to get to have any kind of federal interference with how the midterm elections will be run."

"While the attorney general does not have the authority to prevent states from following their own laws for counting ballots, this command sets up a potential conflict between the federal government and the states over the counting of ballots in the days after Election Day."

"[Trump] might soon announce a long-promised executive order on the subject."

“The White House is working on an executive order to strengthen our elections in this country, and to ensure that there cannot be blatant fraud, as we’ve seen in California, with their universal mail-in voting system."

"I’m going to do an executive order ending vote by mail.'”

Will Trump Ban US States From Using Mail-In Ballots by the 2026 Midterm Elections?

The U.S. Supreme Court ruled 5-4 that states may count mail-in ballots arriving after Election Day if postmarked by then, rejecting a Republican National Committee challenge to Mississippi's law allowing ballots to arrive up to five business days after the election.

The U.S. Supreme Court ruled 5-4 that states may count mail-in ballots arriving after Election Day if postmarked by then, rejecting a Republican National Committee challenge to Mississippi's law allowing ballots to arrive up to five business days after the election.

Justice Amy Coney Barrett authored the majority opinion, joined by Chief Justice John Roberts and Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson. The four remaining conservative justices dissented, with Justice Samuel Alito writing the dissent.

Justice Amy Coney Barrett authored the majority opinion, joined by Chief Justice John Roberts and Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson. The four remaining conservative justices dissented, with Justice Samuel Alito writing the dissent.

Barrett wrote that federal election-day statutes set a deadline for when voters must make their choice but "say nothing about ballot receipt." Justice Alito's dissent argued the ruling risks undermining public confidence in election integrity.

Barrett wrote that federal election-day statutes set a deadline for when voters must make their choice but "say nothing about ballot receipt." Justice Alito's dissent argued the ruling risks undermining public confidence in election integrity.

The ruling preserves laws in 14 states and Washington, D.C., that allow late-arriving mail ballots to be counted, with roughly 30 states granting extended deadlines at least for military and overseas voters, according to the Voting Rights Lab.

The ruling preserves laws in 14 states and Washington, D.C., that allow late-arriving mail ballots to be counted, with roughly 30 states granting extended deadlines at least for military and overseas voters, according to the Voting Rights Lab.

The RNC's challenge followed a 5th U.S. Circuit Court of Appeals ruling in October 2024, issued by a panel of three Trump-appointed judges, that found federal law required ballots to be both cast and received by Election Day.

The RNC's challenge followed a 5th U.S. Circuit Court of Appeals ruling in October 2024, issued by a panel of three Trump-appointed judges, that found federal law required ballots to be both cast and received by Election Day.

At least 725,000 ballots postmarked by Election Day 2024 arrived within legally accepted post-election windows, according to election officials in 14 of 22 states and territories. The ruling comes as Trump's March executive order restricting mail voting remains subject to ongoing litigation.

At least 725,000 ballots postmarked by Election Day 2024 arrived within legally accepted post-election windows, according to election officials in 14 of 22 states and territories. The ruling comes as Trump's March executive order restricting mail voting remains subject to ongoing litigation.

SCOTUS Upholds Late Mail Ballot Counting 5-4

SCOTUS Upholds Late Mail-in ballotBallot rulingCounting 5-4

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