Supreme Court Upholds Mississippi Mail Ballot Rule in 5-4 Decision

The Supreme Court upheld a Mississippi state law allowing mail ballots postmarked on Election Day to be counted if received within five days. The 5-4 decision rejected arguments that federal law requires all ballots to arrive by Election Day. Justice Amy Coney Barrett authored the majority opinion.

She wrote that the defining element of an election is the electorate's choice of candidate, which occurs when the voter casts and submits the ballot.

The Republican National Committee challenged Mississippi's rule. The group argued that federal statutes setting Election Day as the Tuesday after the first Monday in November require ballots to be both cast and received by that date. A federal appeals court had agreed with the Republican National Committee and struck down the Mississippi law.

The Supreme Court reversed that ruling. Fourteen states, the District of Columbia, and several territories have similar postmark deadlines. Thirty states plus the District of Columbia accept later-arriving ballots from military and overseas voters.

Alito wrote the dissent joined by Justices Clarence Thomas, Neil Gorsuch, and Brett Kavanaugh in part. He stated that the decision leaves open opportunities for voter fraud that may further undermine Americans' faith in the integrity of elections. The majority opinion addressed concerns about results appearing to flip after Election Day.

Justice Amy Coney Barrett noted that even under the challengers' interpretation, last-minute changes remain possible because statutes set no deadline for counting or certifying results. The decision maintains existing practices in multiple states. It allows voters who mail ballots on Election Day to have them counted without concern over delivery timing.