Supreme Court Hears Arguments on Late Ballot Acceptance

During a session on Monday, Justice Samuel Alito highlighted the straightforward definition of “day” as the Supreme Court examined whether states are permitted to accept ballots that arrive late but are postmarked by Election Day.

“There are numerous phrases consisting of two words, such as Labor Day, Memorial Day, and Election Day—where the second word is ‘day,'” Alito remarked. He was appointed by former President George W. Bush.

He continued, “I think it’s fair to say today is the day when, well, most things happen, especially when considering the term ‘Election Day.’

His comments followed a lawsuit filed by the Republican National Committee regarding a Mississippi statute that permits mail-in ballots with Election Day postmarks to be counted if they arrive five days after the election. The U.S. 5th Circuit Court sided with the RNC in the ongoing 2024 case, leading Mississippi to request the Supreme Court’s review.

Election Integrity and Federal Law

Alito, along with other conservative justices, seemed doubtful about the Mississippi statute and expressed a desire to see it repealed. A ruling is anticipated by summer and could influence over a dozen states that allow ballots postmarked after Election Day.

While some justices argued that Election Day should be viewed as the strict cutoff, Chief Justice John Roberts posed an intriguing question to Mississippi Attorney General Scott Stewart: “If ‘day’ allows for actions after the election date, does it also imply allowance for actions before it?”

Former U.S. Attorney General Paul Clement, representing the RNC, argued that the essence of elections hinges on “concerted action” where votes must be submitted and officially received by election officials.

Clement asserted, “Everyone agrees elections for federal positions must conclude on the Congress-designated election date, and a ballot cannot count unless received by that deadline. Yet, Mississippi’s view suggests that ballots could trickle in after Election Day, which misrepresents the basic texts, precedents, and common sense.”

The lawsuit arises amid President Trump’s push for election security. The RNC and various election integrity advocates contend that the Supreme Court should disallow late voting, except for military ballots, as it breeds public distrust in electoral processes.

“The discussions in Watson v. RNC illustrate clearly that state laws allowing late ballot counting defy federal law, cause electoral delays, invite fraud, and foster skepticism about democracy,” stated Jason Sneed, the Honest Elections Project’s executive director.

Currently, ballots that arrive postmarked by Election Day can be counted in at least 14 states and Washington, D.C. A ruling from the Fifth Circuit could revoke these allowances, mandating that ballots must be received by poll closing to count, an outcome that could affect the midterm elections in 2026. Critics argue that, in many states, ballots are still counted even if received by Election Day due to diverse counting procedures.

Starting with the 2024 midterm elections, four states led by Republicans—Kansas, Ohio, Utah, and North Dakota—have changed their regulations to require ballots to be collected by Election Day.