The Supreme Court will hear arguments Monday in a case that could reshape mail-in voting procedures across the United States. At issue is whether states can count late-arriving mail ballots, provided they are postmarked by Election Day. The outcome could affect voters in 14 states and the District of Columbia, which currently allow grace periods for such ballots. An additional 15 states with lenient deadlines for military and overseas voters may also see changes.
Impact on 2026 Midterms
With a ruling expected by late June, the decision will likely govern the counting of ballots in the 2026 midterm congressional elections. However, forcing states to alter their practices mere months before the election risks creating "confusion and disenfranchisement," particularly in regions that have long relied on relaxed deadlines, according to state and big-city election officials.
The issue centers on whether federal law mandates a single Election Day requiring ballots to be both cast by voters and received by state officials.
The Trump administration and Republican and Libertarian parties are urging the justices to affirm a 5th U.S. Circuit Court of Appeals ruling that struck down Mississippi's law allowing ballots to be counted if they arrive within five business days of the election. Mississippi's grace period was deemed a violation of federal law by Judge Andrew Oldham, a Trump appointee.
This case is part of a broader push by President Trump and his allies to tighten mail-in voting rules, citing concerns over fraud despite widespread evidence to the contrary. Last year, Trump signed an executive order aiming to require votes to be "cast and received" by Election Day, though it remains blocked by pending court challenges.
Meanwhile, four states controlled by Republicans—Ohio, Kansas, North Dakota, and Utah—eliminated their grace periods last year, signaling a growing divide in election practices nationwide.