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US Supreme Court endorses grace periods for mail-in ballots

From Jerusalem Post · () English

Summarized and contextualized by DistantNews.

At a glance

News From a news agency Outcome reported
  • The US Supreme Court upheld state laws allowing mail-in ballots received after Election Day to be counted, rejecting a Republican challenge.
  • The 5-4 ruling affirmed Mississippi's five-day grace period, stating federal law requires ballots to be cast by Election Day, not necessarily received.
  • This decision impacts about 30 states and Washington D.C. that have similar ballot receipt rules, while dissenting justices warned of undermined public confidence.

The US Supreme Court on Monday endorsed state laws that permit mail-in ballots arriving after Election Day to be counted, delivering a setback to President Donald Trump and Republicans. The justices, in a 5-4 decision, overturned a lower court ruling that had found Mississippi's five-day grace period for mail-in ballots inconsistent with federal election timing statutes.

Writing for the majority, Justice Amy Coney Barrett, joined by Chief Justice John Roberts and the court's three liberal justices, stated that federal law mandates only that voters cast their ballot by Election Day. "The election-day statutes say nothing about ballot receipt, and we cannot add to the words Congress chose," Barrett wrote. This ruling allows Mississippi to continue counting mail-in ballots postmarked by Election Day but received up to five business days later. Absentee voting by mail in Mississippi is restricted to specific groups, including those 65 and older, individuals with disabilities, and those living away from home.

The election-day statutes say nothing about ballot receipt, and we cannot add to the words Congress chose.

— Justice Amy Coney BarrettExplaining the Supreme Court's majority opinion that federal law requires ballots to be cast by Election Day, not necessarily received by then.

Approximately 30 states and the District of Columbia have provisions to count ballots postmarked on or before Election Day but received afterward. However, four conservative justices dissented. Justice Samuel Alito, writing for the dissenters, expressed concern that the ruling "creates a serious risk of further undermining public confidence in our elections and our system of self-government."

The challenge to Mississippi's law was initiated by the Republican National Committee and the Mississippi Republican Party in 2024, with the Trump administration supporting the effort. Republicans have historically sought to restrict mail-in voting, as Democratic voters tend to utilize this method more frequently. Following the ruling, Trump reiterated his call for Congress to pass the SAVE America Act, a bill proposing stricter voting requirements like photo identification and proof of citizenship, which faces significant opposition in the Senate.

creates a serious risk of further undermining public confidence in our elections and our system of self-government.

— Justice Samuel AlitoExpressing concern in the dissenting opinion about the potential impact of the ruling on public trust in elections.
DistantNews Editorial

Originally published by Jerusalem Post. Summarized and contextualized by our editorial team with added local perspective. Read our editorial standards.

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