Supreme Court Hears Case on Whether Federal Election Day Law Bars States From Counting Mail Ballots Arriving After Election Day
The Supreme Court heard oral arguments on Monday, March 23, 2026, at 10 a.m. EDT (livestreamed), in a case testing whether a federal statute requiring a single "Election Day" bars states from counting mail ballots that arrive after Election Day, a challenge brought by the Republican National Committee and the Libertarian Party of Mississippi against Mississippi’s five‑day grace period. Fourteen states and D.C. have general postmarked‑by Election Day grace periods and 29 states allow extra time for some voters (including military and overseas), and officials warn that invalidating those rules—which in Washington accounted for about 127,000 late ballots in 2024 and which Alaska says are critical for remote villages served by air—could cause widespread confusion and disenfranchisement amid conflicting lower‑court views on when an “election” ends.
đź“Ś Key Facts
- Oral arguments in the case are scheduled for Monday, March 23, 2026, at 10:00 a.m. EDT and are being livestreamed.
- The challenge—brought by the Republican National Committee and the Libertarian Party of Mississippi—targets Mississippi’s five‑day grace period for mail ballots under federal Election Day statutes; Mississippi Secretary of State Michael Watson is asking the Court to uphold the grace period and warns the 5th Circuit rule could jeopardize late‑ballot rules in 29 states, including protections for military and overseas voters.
- Current state rules vary: 14 states plus D.C. have general grace periods allowing ballots postmarked by Election Day to be counted after Election Day, 29 states plus D.C. allow at least some military/overseas ballots to be counted if received after Election Day, and four states (Kansas, North Dakota, Ohio and Utah) eliminated grace periods last year and now require mail ballots to be received by Election Day.
- All 50 states require ballots to be marked and submitted by Election Day; the legal dispute is solely over when states may receive and count those ballots after Election Day.
- Election officials warn of practical consequences if grace periods are invalidated: Washington State reported about 127,000 ballots arrived after Election Day in 2024 under its 21‑day grace period and would likely be rejected, and a coalition of state and big‑city election officials cautions that abruptly ending grace periods months before the midterms risks confusion and disenfranchisement.
- Alaska illustrates unique logistical issues: the state relies on air service to move ballots from remote Native villages (e.g., Beaver is a ~40‑minute flight and has roughly 50 residents); Alaska counts ballots postmarked by Election Day if received within 10 days (15 days for overseas voters in general elections), some rural ballots in 2022 still arrived too late, and ranked‑choice tabulation requires ballots to be flown to Juneau—leading Sen. Lisa Murkowski to warn the ruling could be especially damaging there.
- The legal question reflects a split in reasoning: the 5th Circuit concluded an 'election' is ongoing while ballots are still being received, whereas the district court viewed 'election' as meaning the voter’s final choice—an interpretive conflict over the scope of the federal Election Day requirement.
đź“Š Relevant Data
Voter participation in federal elections from 2012 to 2022 averaged 11 percentage points less on tribal lands than in other parts of the states where those lands are located.
Voting on Tribal Lands — Brennan Center for Justice
In the 2020 election, mail ballots from Black voters were rejected at four times the rate of those from White voters in Washington State.
Rejected Mail Ballots Are Showing Racial Disparities — The New York Times
In 2020, the voter turnout rate was 70.9% for White voters compared to 58.4% for non-White voters, representing a persistent racial gap.
Large Racial Turnout Gap Persisted in 2020 Election — Brennan Center for Justice
As of 2023, the racial and ethnic composition of active-duty U.S. military members includes 17.6% Black or African American, 18.4% Hispanic or Latino, 3.6% Asian, and 1.1% American Indian or Alaska Native, with White members comprising the majority at approximately 67%.
Department of Defense 2022 Demographic Profile — USNI News
đź“° Source Timeline (4)
Follow how coverage of this story developed over time
- Clarifies that all 50 states already require ballots to be marked and submitted by Election Day; the dispute is only over receipt and counting deadlines.
- Details that 14 states plus D.C. have general grace periods for late-arriving mail ballots postmarked by Election Day, and 29 states plus D.C. allow at least some military and overseas ballots to be counted if received after Election Day.
- Notes that four states — Kansas, North Dakota, Ohio and Utah — eliminated grace periods last year and now require mail ballots to be received by Election Day.
- Sets out the 5th Circuit’s reasoning that the 'election' is ongoing while ballots are still being received, versus the district court’s view that 'election' means the voter’s final choice.
- Reports that Mississippi Secretary of State Michael Watson is urging the Court to uphold his state’s 5‑day grace period as a permissible state policy choice under the Elections Clause and warning that the 5th Circuit rule could jeopardize late‑ballot rules in 29 states, including for military and overseas voters.
- Details of how Alaska’s voting system relies on air service to move ballots to and from remote Native villages such as Beaver, which is about a 40‑minute flight from the nearest city and has roughly 50 residents.
- Specific description of Alaska’s rule that ballots postmarked by Election Day are counted if received within 10 days (15 days for overseas voters in general elections), and that some rural ballots in 2022 still arrived too late even under that grace period.
- Quote from Alaska Sen. Lisa Murkowski warning that “there’s probably no other state where this ruling could have a more detrimental impact than ours,” and framing the Mississippi case as an effort to end voting by mail nationwide.
- Explanation of how Alaska’s ranked‑choice tabulation requires all ballots to be flown to Juneau, with rural precincts only phoning in first‑choice totals on election night.
- Confirms oral arguments are set for Monday, March 23, 2026, at 10 a.m. EDT and are being livestreamed.
- Details that 14 states currently provide grace periods for regular mail ballots, while 29 states provide extra time for at least some mail voters, including military and overseas ballots.
- Quotes Washington State elections director Stuart Holmes saying about 127,000 ballots arrived after Election Day in 2024 under Washington’s 21‑day grace period and would likely be rejected if grace periods are invalidated.
- Includes warning from a coalition of state and big‑city election officials about the "risks of confusion and disenfranchisement" if grace periods are abruptly ended months before the midterms.
- Reiterates that the Republican National Committee and Libertarian Party of Mississippi are challenging Mississippi’s five‑day grace period under federal Election Day statutes, framing it as a conflict with the requirement for a single Election Day.