U.S. Supreme Court Rules on Mail-in Ballots
The U.S. Supreme Court has determined that election officials are permitted to count mail-in ballots that arrive after Election Day. This ruling came as a response to a challenge by the Republican National Committee against a Mississippi law.
“Nothing in the federal Election Day regulations requires that ballots be received by Election Day,” stated Justice Amy Coney Barrett in a narrow 5-4 decision.
The law in question, enacted in 2020 during the COVID-19 pandemic, allows for mail-in ballots to be counted if they are postmarked by Election Day and arrive within a five-day window afterward. The court found that this law does not contradict federal regulations, which define Election Day as occurring in early November.
Chief Justice John Roberts, along with Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson, supported Justice Barrett’s opinion. Conversely, Justice Samuel Alito dissented, joined by Justices Clarence Thomas, Neil Gorsuch, and Brett Kavanaugh.
Barrett emphasized that Election Day should be viewed through the lens of when voters cast their ballots, rather than solely when votes are tallied.
“Thus, even if the plaintiffs were correct about Mississippi law, they would lose the challenge they assert in this case, which is that the receipt of ballots after Election Day is itself illegal,” Barrett wrote. “The Election Day regulations say nothing about receiving ballots and cannot be added to the language chosen by Congress.”
Various conservative organizations at both national and state levels had filed lawsuits against Mississippi’s law and analogous regulations, claiming they infringe upon an 1845 federal statute that established Election Day as the Tuesday following the first Monday in November.
President Trump characterized the ruling as a “huge loss,” expressing discontent with the decision on his Truth Social platform.
“Given today’s significant Supreme Court defeats on voter rights and the fact that ‘the people’s’ votes will be counted long after the election is over, it is more important than ever to pass the Save America Act,” Trump noted.
He highlighted the bill’s requirements for voters to present a photo ID and proof of citizenship while restricting mail-in voting except for specific circumstances such as illness or military deployment.
“Politicians or not, there is no excuse for violating these three requirements. There is only one reason to oppose it – fraud!” Trump insisted, referencing the five Republican senators who voted against the bill alongside Democrats.
The 14 states that will accept mail-in ballots received after Election Day comprise Alabama, Alaska, Arkansas, California, Colorado, Georgia, Illinois, Indiana, Maryland, Michigan, Mississippi, Texas, Virginia, and Washington.
