POLISCOPE
Back to feed
NewsNBC Bay Area — 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 even if they arrive after the election. The ruling preserves existing laws in over half of U.S. states and the District of Columbia, rejecting a challenge that sought to require all ballots to be received by Election Day.

electionsvoting rightsSupreme Courtmail-in ballots
Read the full story at NBC Bay Area — Politics

Why It Matters

This decision maintains the current ballot-counting procedures for the 2026 midterm elections in more than 25 states, ensuring that voters whose ballots are by Election Day will have their votes counted even if delivery is delayed.

Key Facts

  • The Supreme Court ruled 5-4 that states can count mail-in ballots postmarked by Election Day that arrive after the election.
  • The ruling affects laws in more than half of U.S. states and the District of Columbia.
  • The decision 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.
  • 13 states currently have grace periods for mail-in ballots.
  • 15 states have extended deadlines specifically for military and overseas voters.
  • Four states—Kansas, North Dakota, Ohio, and Utah—eliminated their grace periods for late-arriving ballots last year.
  • The 5th U.S. Circuit Court of Appeals had previously struck down the Mississippi law in a ruling by Judge Andrew Oldham.
  • The ruling ensures current ballot rules remain in place for the 2026 midterm congressional elections.

Who's Mentioned

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