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NewsNBC San Diego — PoliticsJune 29, 2026United States

Supreme Court Upholds State Laws Allowing Late-Arriving Mail Ballots

The Supreme Court ruled 5-4 that states may continue to count mail-in ballots that are postmarked by Election Day but arrive shortly afterward. This decision preserves existing election procedures in over half of U.S. states ahead of the 2026 midterm elections.

electionsvoting rightsSupreme Courtmail-in ballotsfederal law
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Why It Matters

This ruling maintains the current ability of voters in more than 25 states and D.C. to have their ballots counted if they are mailed by Election Day but arrive after the polls close, preventing a major shift in election administration rules for the 2026 midterms.

Key Facts

  • The Supreme Court ruled 5-4 that states can count mail-in ballots postmarked by Election Day even if they arrive after Election Day.
  • The ruling applies to laws in more than half of U.S. states and the District of Columbia.
  • The decision specifically upheld a Mississippi law allowing ballots to be counted if they arrive within five business days of the election.
  • Justice Amy Coney Barrett authored the majority opinion.
  • Chief Justice John G. Roberts Jr. joined the court's three liberal justices in the majority.
  • The court determined that federal election-day statutes do not preempt state laws because a voter's choice is considered made when the ballot is cast, not when it is received.
  • 13 states currently have grace periods for mail-in ballots.
  • 15 states have extended deadlines specifically for military and overseas voters.
  • States including California, Texas, New York, Illinois, and parts of Alaska allow ballots to arrive after Election Day.
  • Kansas, North Dakota, Ohio, and Utah eliminated their grace periods last year.
  • The 5th U.S. Circuit Court of Appeals had previously struck down the Mississippi law, ruling it violated federal law.

Who's Mentioned

personSamuel Alito“Justice who expressed skepticism regarding late-arriving ballots.”personDonald Trump“President who challenged the legality of late-arriving ballots.”personSonia Sotomayor“Justice who argued that election regulations should be decided by states and Con”personScott Stewart“Mississippi Solicitor General.”personAmy Coney Barrett“Justice who wrote the majority opinion.”organizationSupreme Court“The judicial body that issued the 5-4 ruling.”personJohn G. Roberts Jr.“Chief Justice who joined the majority opinion.”personAndrew Oldham“Appellate judge who previously ruled the Mississippi law unconstitutional.”organizationRepublican National Committee“Challenger of the Mississippi election law.”organizationMississippi Republican Party“Challenger of the Mississippi election law.”locationMississippi“The state whose election law was the subject of the Supreme Court case.”