Supreme Court Upholds State Mail-In Ballot Grace Periods
The Supreme Court ruled that states may count mail-in ballots arriving after Election Day if postmarked by the deadline, rejecting a Republican-led challenge.
In a 5-4 decision in Watson v. Republican National Committee, the Supreme Court of the United States ruled that federal law does not prevent states from counting mail-in ballots that arrive after Election Day, provided they are postmarked by the deadline. Justice Amy Coney Barrett authored the majority opinion, stating that while federal statutes establish a uniform day for voting, they do not set a deadline for the receipt of ballots. The ruling upholds a Mississippi law allowing a five-day grace period and preserves similar systems in over half of U.S. states, including California, Oregon, and Washington, ahead of the 2026 midterms.
Justice Samuel Alito dissented, arguing the decision violates historical practice and increases the risk of voter fraud. President Donald Trump condemned the ruling as a "tremendous loss," claiming it enables illegal voting. He subsequently urged Congress to pass the SAVE America Act to mandate photo ID and proof of citizenship. Trump also pressured Senate Majority Leader John Thune to fire the Senate parliamentarian to bypass the filibuster for the bill, though Thune refused.
In related legal developments, a federal judge in Massachusetts struck down a Trump administration executive order that sought to give the U.S. Postal Service control over voter mailing lists. Additionally, the Supreme Court agreed to hear a separate case next term regarding an Arizona law that requires documentary proof of citizenship for voter registration.