Supreme Court to Review Ballot Counting Lawsuit

The Supreme Court announced on Monday that it will consider a lawsuit initiated by the Republican National Committee regarding the legality of counting ballots that arrive after Election Day. This case centers on a Mississippi law that permits counting ballots as long as they are postmarked by Election Day and received within five days following the election.

The RNC argues that late voting could erode public trust in the election process. They claim that this state law is at odds with federal guidelines and are seeking a nationwide ban on late voting.

David Becker, from the Center for Election Innovation and Research, noted that the court’s review won’t address the broader legality of mail-in voting—which is accepted by all states—or the possibility of votes being cast after Election Day.

Becker explained that the core issue is whether ballots mailed on or before Election Day and eventually received by the state can be counted when state law deems them acceptable. Mississippi’s law was introduced in 2020, a time when many states adopted emergency measures for elections due to the pandemic. Over a dozen jurisdictions, both red and blue, are allowing late mail-in ballots as long as they are postmarked on or before Election Day.

The RNC previously had some success in the conservative U.S. 5th Circuit Court of Appeals, leading Mississippi to escalate the matter to the Supreme Court. Mississippi contends that “election” signifies the culmination of voter choices made when ballots are cast by Election Day. In their legal filing, they argue that receiving ballots after this point—while potentially influencing voter decisions—isn’t part of the actual election process. Hence, they claim federal law does not prohibit accepting ballots that are submitted on time but arrive shortly after the election.

Becker cautioned that if the Supreme Court were to uphold the Fifth Circuit’s ruling, it might lead to complications in closely contested races, where delays by the U.S. Postal Service in delivering ballots could sway outcomes. He expressed concern over the possibility of ballots arriving late, which might define the narrow margins of victory in tight contests, not due to voter actions, but because of postal delays.

RNC Chairman Joe Gruters echoed these sentiments, expressing concern over security and confidence in elections regarding delays in ballot counting. He stated, “Elections must end on Election Day, which is why the RNC has diligently pursued challenges to this state law. We’ve worked on this case for nearly two years and hope the Supreme Court will confirm that mail-in ballots received after Election Day should not be counted.”