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NewsNBC Miami PoliticsJune 29, 2026United States

Supreme Court Upholds State Laws Allowing Late-Arriving Mail Ballots

The Supreme Court ruled in a 5-4 decision that states may continue to count mail-in ballots that are postmarked by Election Day but arrive shortly afterward. The ruling preserves existing election procedures in over half of U.S. states ahead of the 2026 midterm elections.

electionsvoting rightsSupreme Courtmail-in ballotsfederal law
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Why It Matters

This decision maintains the current ability of voters in more than 25 states and D.C. to have their ballots counted if they are postmarked by Election Day but arrive after the polls close.

Key Facts

  • The Supreme Court ruled 5-4 that states can count ballots postmarked by Election Day even if they arrive after the election.
  • The ruling specifically upheld Mississippi's law allowing ballots to be counted if they arrive within five business days of the election.
  • The court determined that federal election-day statutes do not preempt state laws because a voter's choice is considered made when the ballot is cast, not received.
  • More than half of U.S. states and the District of Columbia currently permit ballots to be counted if they arrive after Election Day, provided they are postmarked on time.
  • 15 states have specific, longer deadlines for military and overseas voters.
  • Four states—Kansas, North Dakota, Ohio, and Utah—eliminated their grace periods for late-arriving ballots last year.
  • The ruling prevents a major change to election administration procedures just months before the 2026 midterm congressional elections.
  • The 5th U.S. Circuit Court of Appeals had previously struck down the Mississippi law, ruling it violated federal law.
  • Federal law defines Election Day as the Tuesday after the first Monday in November.

Who's Mentioned

personScott Stewart“Mississippi Solicitor General who argued the case.”locationMississippi“The state whose election law was the subject of the Supreme Court case.”organizationRepublican National Committee“Challenger of the Mississippi election law.”personJohn G. Roberts Jr.“Chief Justice who joined the majority opinion.”personSamuel Alito“Justice who expressed skepticism regarding late-arriving ballots.”organizationVoting Rights Lab“Source of data regarding state election laws.”organizationNational Conference of State Legislatures“Source of data regarding state election laws.”personAndrew Oldham“Appellate judge who previously ruled the Mississippi law unconstitutional.”organizationMississippi Republican Party“Challenger of the Mississippi election law.”personSonia Sotomayor“Justice who argued that election regulations should be decided by states and Con”organizationSupreme Court“The judicial body that issued the 5-4 ruling.”personAmy Coney Barrett“Justice who wrote the majority opinion.”personDonald Trump“President who challenged the legality of late-arriving ballots.”