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Election Law · Mail-In Voting · Supreme Court · Voter Access
The Supreme Court's conservative majority signals readiness to overturn laws in 29 states that permit counting mail-in ballots postmarked by Election Day but arriving afterward, a decision with broad implications for election procedures and voter access, particularly in rural areas and for military personnel abroad.
The Court heard arguments in a case from Mississippi, where the state legislature, with bipartisan support, approved a five-day grace period for such ballots in 2020. Conservative justices Neil Gorsuch, Amy Coney Barrett, Brett Kavanaugh, and Clarence Thomas expressed skepticism, focusing on theoretical ballot recalls and public confidence, despite assurances from Mississippi Solicitor General Scott Stewart that the state does not permit such actions.
Liberal justices Ketanji Brown Jackson and Sonia Sotomayor questioned the focus on old procedures and criticized the Trump administration's brief for historical inaccuracies. Overturning these laws would significantly impact large rural areas and military personnel abroad, with Alaska facing particularly severe ramifications; in 2022, ballots from six rural Alaskan villages went uncounted due to postal delays.
President Trump has historically opposed mail-in voting, incorrectly linking it to his 2020 election loss, while citizens and politicians have widely adopted the practice.
Supreme Court Questions Post-Election Day Mail Ballot Counting(current)