Supreme Court will decide whether states can count late-arriving mail ballots, a Trump target

"The Supreme Court on Monday agreed to decide whether states can continue to count late-arriving mail ballots, which have been a target of President Donald Trump. The justices took up an appeal from Mississippi after a panel of three judges nominated by the Republican president on the 5th U.S. Circuit Court of Appeals ruled last year that the state law allowing ballots that arrive shortly after Election Day to be counted violated federal law."

"Mississippi is among 18 states and the District of Columbia that accept mailed ballots received after Election Day as long as the ballots are postmarked on or before that date, according to the National Conference of State Legislatures. The list includes swing states such as Nevada and states such as Colorado, Oregon and Utah that rely heavily on mail voting."

The Supreme Court agreed to resolve whether states can count late-arriving mail ballots. The appeal stems from Mississippi after a 5th Circuit panel found the state law allowing ballots arriving shortly after Election Day to be counted violated federal law. Eighteen states and D.C. accept mailed ballots received after Election Day if postmarked on or before that date, including several swing and mail-voting states. An additional 14 states allow late-arriving ballots for some voters, such as overseas service members. The case will be argued in late winter or early spring, with a likely decision by late June, ahead of the 2026 midterms. Mississippi’s attorney general warned of nationwide destabilizing ramifications. President Trump has pushed limits on counting late ballots and signed an executive order requiring votes be cast and received by Election Day; that order faces legal challenges.

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