Supreme Court to Hear Major Challenge to Mail-In Ballot Laws

The justices agreed to hear a challenge to Mississippi’s law, a case that could upend similar measures in dozens of states before the 2026 election.

The Supreme Court has agreed to hear a major challenge to mail-in ballot laws, specifically a case from Mississippi that will determine if states can count ballots that arrive after Election Day, even if postmarked by that date. 

Key Details of the Case
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• The Core Question: The central issue is whether federal law, which establishes a national Election Day, prevents states from counting mail-in ballots received after that date.
• Mississippi Law: The case specifically challenges a Mississippi law that allows mail-in ballots postmarked by Election Day to be counted if they are received within five business days after the election.
• Nationwide Implications: About 30 states have similar laws, meaning the Court's ruling could have a major impact on election rules across the country, potentially ahead of the 2026 midterm elections.
• Legal Standing (Separate Case): The Court is also considering a separate, procedural case from Illinois that addresses the issue of who has the legal standing (the right to sue) to challenge state election laws. A broad ruling on standing in that case could open the door to numerous other legal challenges to various election regulations.
• Arguments:
  • Challengers (RNC, etc.): Opponents, including the Republican National Committee, argue that allowing ballots to be counted after Election Day violates federal law and can undermine public trust in election outcomes.
  • Defenders (Mississippi, advocates): Supporters of the current law, including groups representing veterans and people with disabilities, argue that mail delays should not disenfranchise eligible voters who cast their ballots on time. 

The Supreme Court is expected to hear arguments later in its current term and issue a decision by the end of June 2026.