The Supreme Court ruled on Monday (June 29) that mail-in ballots postmarked by Election Day but received within five days after can be counted in Mississippi. The 5-4 decision supports a Mississippi law, which the Republican National Committee had challenged, arguing it conflicted with federal election statutes.
Justice Amy Coney Barrett authored the majority opinion, stating that “election-day statutes do not set a deadline for ballot receipt, so they do not prevent Mississippi from counting ballots postmarked before election day yet received afterward.” Chief Justice John Roberts and Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson joined Barrett in the majority. Justice Samuel Alito dissented, expressing concerns about election integrity.
The ruling affects 18 states and territories, including California and New York, which have similar mail ballot grace periods. These periods allow ballots to be counted even if they arrive after Election Day, provided they are postmarked on time. This decision is seen as a setback for the Republican Party, which has been challenging such laws, claiming they violate the Constitution.
The case arose from a legal challenge by the Republican National Committee and the Trump campaign, who argued that Congress sets the end of an election, not states. The Supreme Court’s decision overturns a ruling by the conservative 5th Circuit Court of Appeals, which had sided with the Republicans.
This decision is significant as it maintains the status quo for mail-in voting in several states, especially those where weather or logistical challenges can delay mail delivery. It ensures that voters in remote areas, like parts of Alaska, will not be disenfranchised due to mail delays. The ruling comes as Congress considers legislation that would prohibit states from counting ballots received after Election Day.
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