Washington, D.C. – The U.S. Supreme Court ruled Monday that states may count mail-in ballots that arrive after Election Day, as long as voters cast them by the deadline under state law.
In a 5-4 decision, the court rejected arguments from the Republican National Committee, the Trump administration, and several Republican-led states that federal law requires all ballots to be received by the close of polls on Election Day.
The case centered on a Mississippi law allowing mail ballots postmarked by Election Day to be counted if they arrive within five business days. Thirteen states have similar grace periods, including California, Illinois, Maryland, New York, Texas, Virginia, and Washington.
Justice Amy Coney Barrett wrote for the majority that the voter’s choice is made when voting is completed, not when election officials receive the ballot. She was joined by Chief Justice John Roberts and the court’s three liberal justices.
Justice Samuel Alito dissented, arguing that counting ballots received after Election Day violates federal election-day statutes.
The ruling leaves late-arriving ballot laws in place unless Congress changes federal law.
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