The Supreme Court appears skeptical of state laws permitting the counting of late mail-in ballots. Hearing arguments centered on a case from Mississippi, the matter affects more than a dozen states with laws allowing late ballots.
According to reports, Justice Samuel Alito asked if the Court should consider Congress’ decision to establish an election date “for the purpose of combating fraud or the appearance of fraud.” Similarly, Justice Brett Kavanaugh asked, “Is that a real concern? Is that something we should be thinking about, confidence in the election process?”
Justices Neil Gorsuch and Clarence Thomas also questioned Mississippi’s law. Justice Elena Kagan, however, said that it “seems inconceivable” that the Supreme Court “would reject these practices that are so entrenched in 30 states,” discussing various voting policies such as early voting.
In 2024, the Fifth Circuit Court of Appeals ruled that all mail-in ballots must be received by Election Day in order to be counted. “Congress statutorily designated a singular ‘day for the election’ of members of Congress and the appointment of presidential electors,” the panel wrote. “Text, precedent, and historical practice confirm this ‘day for the election’ is the day by which ballots must be both cast by voters and received by state officials.” Mississippi argued that striking down the law negatively affects other states with similar laws.
Conservative legal group Judicial Watch filed a brief in support of the Fifth Circuit’s ruling, arguing that the “whole point of the federal Election-Day statutes is to set a single uniform day for the election. Allowing ballots to trickle in days or weeks after Election Day is antithetical to that basic goal.”
