The U.S. Supreme Court is preparing to wade into another fierce dispute over how America counts its votes — this time, taking up Mississippi’s defense of a law that lets mail-in ballots be tallied for up to five days after Election Day, provided they were postmarked in time.
At stake is far more than one state’s procedure. The case could reshape how dozens of states handle late-arriving ballots — and, by extension, the way millions of Americans vote.
The Republican National Committee, joined by the Mississippi GOP, challenged the rule, claiming that it violates federal election law and undermines confidence in the voting process. Their argument is simple: Election Day should mean exactly that — no ballots accepted afterward.
The law in question was enacted in 2020, during the upheaval of the pandemic, when both parties agreed to extend flexibility to voters who couldn’t easily cast ballots in person. Mississippi’s measure applied mainly to voters who are elderly, disabled, or living outside the state.
But the New Orleans-based Fifth Circuit Court of Appeals later struck down the rule, declaring that federal law requires all ballots to be “cast and received” on Election Day itself. The ruling left Mississippi’s system in limbo — and sent ripples through states with similar grace-period policies.
Roughly 30 states and the District of Columbia currently allow mail-in ballots postmarked by Election Day to arrive a few days later. If the Supreme Court sides with the challengers, that long-standing practice could be jeopardized nationwide.
The court is expected to hear arguments early next year, with a ruling due by June.
Republican figures have already tied the issue to broader election battles. Party chair Joe Gruters said Mississippi’s rule “erodes trust in elections,” while former President Donald Trump has vowed to end mail-in voting altogether before the 2026 midterms — a pledge that could upend how millions of Americans participate in democracy.
Mississippi, meanwhile, has warned the justices that the Fifth Circuit’s decision could unleash chaos ahead of future elections, inviting last-minute lawsuits and confusion over how votes are counted.
The stage is set for another defining fight over the rules of American democracy — one that could decide not just when ballots are cast, but when democracy itself is said to speak.
