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Supreme Court allows states to count late-arriving mail ballots, 5–4
Confirmed
What we know
The U.S. Supreme Court on Monday ruled 5–4 that federal Election Day statutes do not bar states from counting mail ballots postmarked by Election Day but received afterward, upholding Mississippi’s five-business-day grace period in Watson v. Republican National Committee.
Justice Amy Coney Barrett wrote for the majority, joined by Chief Justice John Roberts and Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson. Justice Samuel Alito dissented, joined fully by Justices Clarence Thomas and Neil Gorsuch and in part by Justice Brett Kavanaugh. President Donald Trump called the outcome a “tremendous loss” and pressed Congress to pass the SAVE America Act.
What's confirmed
- 5–4 reverse-and-remand; Barrett: election-day statutes set when voters must cast ballots, not when officials must receive them (AP/SCOTUSblog/Votebeat).
- Challenge targeted Mississippi’s postmark-by-Election-Day, receive-within-five-business-days rule and similar grace periods in roughly half the states (AP/PBS).
- Alito dissent warned of election-integrity risks and “lamentable consequences” (AP/SCOTUSblog).
- Trump: Truth Social “tremendous loss” / “CHEATING”; renewed SAVE America Act push (AP/PBS).
What's still developing
- Whether Congress advances SAVE America Act receipt-deadline language before the midterms.
- State-by-state admin guidance after the Fifth Circuit’s prior strike-down of Mississippi’s rule.
Sources
- AP News — Supreme Court rules states can count late-arriving mailed ballots link
- PBS News — Court rejects Trump-led challenge to late-arriving mail ballots link
- SCOTUSblog — Justices uphold state law allowing late-arriving mail-in ballots link
- Votebeat — Court allows states to accept mail ballots after Election Day link