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Election Law · Mail Ballots · Political Risk · Supreme Court
The U.S. Supreme Court is currently hearing arguments to determine whether 14 states and the District of Columbia can continue counting mail ballots received after Election Day, a practice challenged by President Donald Trump and conservative justices, with a final ruling expected by late June 2026.
The conservative majority on the Supreme Court expressed skepticism regarding state laws allowing late-arriving mail ballots, particularly in a case originating from Mississippi that affects 13 other states and the District of Columbia. An additional 15 states with more forgiving deadlines for military and overseas voters also face impacts.
Paul Clement, representing the Republican and Libertarian parties, argued against post-Election Day deadlines, citing "text, precedent, history and common sense." Justice Amy Coney Barrett raised concerns about ballot finality, while Justice Ketanji Brown Jackson suggested these are policy decisions for Congress and states. The court's decision, anticipated by late June 2026, will govern ballot counting for the 2026 midterm congressional elections.
This ruling significantly alters election procedures, especially in states like Alaska, where 20% of absentee ballots in 2022 were received after Election Day due to unique geography, and California, which uses same-day registration.
Supreme Court Skeptical of Late Mail Ballots(current)
