The case will determine if federal law permits states to count ballots that were received after Election Day.
The U.S. Supreme Court has agreed to hear a case addressing whether federal law requires mail-in ballots to be received, not just cast, by Election Day. The dispute centers on a Mississippi law that allows ballots postmarked by Election Day to be counted if they arrive within five business days. Over 30 other states and the District of Columbia have similar policies.
Lower courts reached opposing conclusions: a federal district court upheld Mississippi’s rule, but the U.S. Court of Appeals for the Fifth Circuit ruled that all ballots must arrive by Election Day.
Senior U.S. District Judge Louis Guirola cited Supreme Court precedent, stating, “Congress set a national election day to avoid the ‘evils’ of burdening citizens with multiple election days and of risking undue influence upon voters in one state from the announced tallies in states voting earlier.“
“Neither of those concerns,” he concluded, “is raised by allowing a reasonable interval for ballots cast and postmarked by election day to arrive by mail.“
The Supreme Court is expected to hear arguments next year, with a ruling anticipated by summer.
As the Lord Leads, Pray with Us…
- For the justices of the Supreme Court as they consider the question of the election process and ballot counting deadlines.
- For state election officials as they prepare for the 2026 midterms and work to ensure that voting systems function reliably for all eligible citizens, including those living or serving overseas.
Sources: SCOTUSBlog, MSN
