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Supreme Court Upholds Mississippi Mail Ballot Grace Period

Supreme Court Upholds Mississippi Mail Ballot Grace Period

WASHINGTON — The U.S. Supreme Court on Monday, June 29, 2026, upheld the Mississippi mail ballot grace period, ruling that absentee ballots postmarked by Election Day may be counted if they arrive within five business days.

The 5-4 decision overturned a federal appeals court ruling and preserved similar post-election ballot receipt rules in other states.

What the Mississippi Mail Ballot Grace Period Ruling Means

In Watson v. Republican National Committee, the justices considered whether federal laws establishing a uniform Election Day require mailed ballots to be received by election officials on that date.

Justice Amy Coney Barrett, writing for the majority, concluded that the statutes establish the deadline for voters to cast ballots but do not require election offices to possess every timely ballot before Election Day ends.

Chief Justice John Roberts and Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson joined Barrett. Justices Samuel Alito, Clarence Thomas, Neil Gorsuch and Brett Kavanaugh dissented.

Effect on 2026 Midterm Election Rules

The ruling allows Mississippi to retain its five-business-day receipt deadline and protects related laws in other states. More than half the states and Washington, D.C., permit at least some ballots arriving after Election Day to be counted when they were mailed on time, although many provisions apply only to military members and U.S. citizens overseas.

The Republican National Committee and other challengers argued that federal election statutes required ballots to be received by Election Day. President Donald Trump’s administration supported that position.

The decision means states do not have to revise lawful mail ballot receipt deadlines before the 2026 midterm elections solely because ballots arrive after Election Day. For voters, the practical effect is that a ballot legally cast by the deadline will not automatically be rejected for arriving later when state law provides a grace period.

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