US Supreme Court Upholds Mississippi Law Allowing Late-Arriving Mail-In Ballots

The US Supreme Court ruled on Monday in a narrow 5-4 decision to uphold Mississippi's law permitting the counting of mail-in ballots postmarked on Election Day but received up to five days later. This ruling rejected challenges from the Republican and Libertarian parties, who argued that federal law prohibits counting ballots received after the official election deadline. The decision preserves existing voting procedures in Mississippi and is expected to influence similar laws in 14 other states that allow late-arriving mail ballots to be counted, thereby blocking legal challenges against these practices ahead of the 2024 midterm elections.

Mississippi's law allows ballots mailed by Election Day to be counted if they arrive within five days after polls close. However, most US states still require mail ballots to be physically received by Election Day. Mail voting has grown significantly since the COVID-19 pandemic, with about one in three voters using this method in the 2024 elections, especially in Democratic-leaning states. Former President Donald Trump and Republican allies have led legal and legislative efforts to restrict mail voting, citing concerns over potential fraud. In March, Trump signed an executive order limiting mail ballot distribution to registered voters, which is currently under legal scrutiny.

During Supreme Court arguments in March, conservative attorney Paul D. Clement warned that counting late ballots could increase fraud risks and undermine public trust, especially if election results shift after polls close. Mississippi's Attorney General Scott G. Stewart defended the law, emphasizing the long history of mail voting in the US dating back to the Civil War and noting that voters fulfill their duty by mailing ballots on time. The current Supreme Court has been active in election law cases, including a January ruling allowing a Republican congressman to challenge Illinois mail voting rules and a significant limitation on a key Voting Rights Act provision enabling Republican-controlled southern states to redraw districts affecting Black Democratic voters ahead of November. The Court has yet to rule on another Republican challenge seeking to remove restrictions on coordinated spending between parties and candidates, which could boost Republican campaign funding.