The U.S. Supreme Court on June 29 upheld state laws allowing mail-in ballots postmarked by Election Day to be counted even if they arrive days later, rejecting a Republican-led challenge to Mississippi’s five-day grace period. The court’s 5-4 ruling overturned a lower court decision that had found the state’s policy inconsistent with federal election statutes establishing Election Day for federal offices.

The case arose from a lawsuit filed in 2024 by the Republican National Committee, the Mississippi Republican Party, and others against the state's grace period, which permits counting ballots postmarked on or before Election Day but received within five business days following the election. The Republican challenge, supported by the Trump administration, contended that ballots must be in the possession of election officials by Election Day as set by federal law dating back to the 19th century. Mississippi’s mail voting, which is limited to certain groups such as seniors, people with disabilities, and those living away from home, is similar to policies in approximately 30 states and the District of Columbia allowing late-arriving ballots to be counted.

Writing for the majority, Justice Amy Coney Barrett, joined by Chief Justice John Roberts and the court’s three liberal justices—Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson—emphasized that federal statutes designate Election Day as the deadline for voters to cast ballots but do not specify when states must receive them. Barrett noted that states are therefore not precluded from counting ballots postmarked on or before Election Day but received afterward. Citing historical examples, the majority pointed to World War I and the 1940s when similar late ballot counting practices existed.

In dissent, four conservative justices—Samuel Alito, Clarence Thomas, Neil Gorsuch, and Brett Kavanaugh—argued that the ruling disregards statutory text, legal history, and precedent, warning that it could undermine public trust in election integrity. Justice Alito, in particular, expressed concern that delayed counting and ballots lacking postmarks might raise election security issues and contended that Congress should update election laws to clarify the deadlines.

President Donald Trump criticized the decision as a “tremendous loss” and reiterated his call for Congress to pass the SAVE America Act, legislation requiring proof of citizenship to vote and photo identification. Although Republicans control both the House and Senate, the bill has struggled to advance due to opposition from Democrats and procedural hurdles in the Senate.

Voting rights advocates welcomed the ruling, stating it protects voters who follow mail procedures, particularly seniors, rural residents, people with disabilities, and overseas voters. Senate Democratic Leader Chuck Schumer praised the decision as a safeguard against efforts to restrict voting access. Conversely, supporters of the Republican challenge argued that extending deadlines invites “chaos” and delays in election results.

The Supreme Court’s ruling carries implications beyond Mississippi, affirming practices in states with similar mail-in ballot grace periods. It comes amid ongoing debates over election laws, ballots casting methods, and voter fraud claims—issues that continue to shape the political landscape ahead of the November midterm elections.