U.S. Supreme Court allows states to count mail-in ballots arriving after Election Day

The U.S. Supreme Court ruled 5-4 on Monday that states may count mail-in ballots arriving after Election Day if postmarked by the deadline, delivering a decisive rebuke to Republican efforts to restrict voting by mail. The decision, announced on 29 June 2026, upholds a Mississippi law allowing ballots postmarked by Election Day to be counted if received within five business days, directly contradicting a challenge led by former President Donald Trump and the Republican National Committee.
Writing for the majority, Justice Amy Coney Barrett wrote that federal law “sets no deadline for receipt,” rejecting the argument that Election Day marks the exclusive moment of democratic choice. “The electorate’s choice is made when voting is complete, not when ballots are received,” she wrote . Justices Samuel Alito, Clarence Thomas, Neil Gorsuch and Brett Kavanaugh dissented, with Alito warning the ruling “creates a serious risk of further undermining public confidence in our elections” .
Trump immediately condemned the decision on Truth Social, calling it a “tremendous loss” and urging the Senate to pass his SAVE America Act, a legislative priority aimed at tightening election rules . The ruling arrives as the court prepares to hear another Republican-backed case on Arizona’s proof-of-citizenship requirements, a move critics say targets voter access .
Military and overseas voter advocacy groups had warned that a contrary ruling could have exacerbated barriers for Americans abroad, whose ballots often arrive after Election Day due to postal delays. The decision is the latest in a trio of high-stakes election-related cases this term, following the court’s narrowing of a landmark voting rights law and a pending ruling on campaign finance restrictions .
Secretary of State Michael Watson of Mississippi defended the state’s grace period, arguing voters must finalize their choice by Election Day even if officials receive ballots later. The ruling effectively shields similar laws in other states, ensuring that millions of mail voters—particularly in battlegrounds with tight deadlines—will not be disenfranchised by postal delays.
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![Supreme Court upholds grace period for late-arriving mail-in ballots The Supreme Court upheld a Mississippi law Monday that allows mailed ballots to be counted if they were postmarked by Election Day and received within five business days.The big picture: The justices ruling could protect voting in states with similar laws this November and is sure to feed President Trumps frequent criticism of voting by mail. The Trump administration backed the laws challengers, arguing that allowing states to count ballots received after Election Day undermines the integrity of federal elections.In a Truth Social post condemning the decision as a "tremendous loss," Trump called on the Senate to pass his top legislative priority, the SAVE America Act.Driving the news: The court ruled 5-4 to uphold Mississippis law, with Justices Samuel Alito, Clarence Thomas, Neil Gorsuch and Brett Kavanaugh dissenting.Mississippi Secretary of State Michael Watson defended the states ballot law, arguing voters need to make their final choice by Election Day, even if officials received the ballot days later.Catch up quick: Federal law sets the Tuesday after the first Monday in November as Election Day, language the 5th Circuit Court of Appeals seized on in ruling against Mississippis law.However, "The defining element of an election," Barrett wrote in the majority opinion, "has always been the electorates choice of candidate."She further explained, "[t]he electorates choice is made when voting is complete, not when ballots are received," and later concluded, "The election-day statutes say nothing about ballot receipt, and we cannot add to the words Congress chose."Military and overseas voter advocacy groups had warned a decision siding with the 5th Circuit could exacerbate "already significant barriers" to voters abroad.The other side: Dissenting, Alito argued the decision "creates a serious risk of further undermining public confidence in our elections and our system of self-government."Zoom out: The decision is part of a trio of blockbuster election cases the Supreme Court decided or is set to decide this term, along with its narrowing of a landmark voting rights law and a pending decision over a major GOP challenge to campaign finance restrictions.Go deeper: Supreme Courts final cases loom over Trumps immigration, election hopesEditors note: This story was updated to include President Trumps Truth Social post.](https://images.axios.com/HrnHl1fewJPTbtjLdcY4jTjt4YA=/0x0:8205x4615/1366x768/2026/06/23/1782220522787.jpeg)
