The Supreme Court ruled 5-4 on Monday that states may continue counting mail-in ballots received up to five days after Election Day if postmarked by that deadline, rejecting a Republican challenge and dealing a setback to President Donald Trump’s efforts to restrict such voting.
Justice Amy Coney Barrett wrote the majority opinion, joined by Chief Justice John Roberts and the court’s three liberal justices.
The decision preserves laws in Mississippi and about a dozen other states that allow a narrow window for ballots to arrive after polls close.
“The federal election-day statutes do not prevent Mississippi from counting absentee ballots postmarked by election day but received up to five days thereafter; nothing in the federal election-day statutes requires ballots to be received by election day,” Barrett wrote.
The ruling reverses a lower court decision that had sided with the Republican National Committee and other plaintiffs.
It leaves intact Mississippi’s practice and similar rules elsewhere, which supporters say protect voters facing postal delays, including military personnel and overseas citizens.
The case, Watson v. Republican National Committee, centered on whether federal laws establishing a single Election Day for federal races preempt state rules on ballot receipt.
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Plaintiffs argued that ballots must arrive by Election Day to avoid prolonged counting periods that could erode confidence in results.
Conservative justices dissented. Justice Samuel Alito, joined by Justices Clarence Thomas and Neil Gorsuch and in part by Justice Brett Kavanaugh, warned that late-arriving ballots can delay outcomes and fuel disputes.
Kavanaugh had noted during arguments that apparent winners on election night could lose after late counts, potentially sparking claims of rigged elections.
Trump has made opposition to mail-in ballots a central issue since 2020, when he blamed them for his loss to Joe Biden.
He pledged to lead a movement against the practice and issued an executive order earlier this year targeting mail voting procedures. A federal judge blocked that order.
Monday’s decision drew sharp criticism from conservatives. “Yuck. Terrible decision,” wrote Will Chamberlain, senior counsel for the Article 3 Project, noting Barrett and Roberts joined the liberals.
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Democrats welcomed the outcome. The Democratic National Committee said the ruling defeats an attack on voting rights and protects safeguards for millions, including service members. DNC Chairman Ken Martin stated that “democracy prevailed.”
Mississippi is one of roughly 15 jurisdictions with grace periods for timely-postmarked ballots. Election administrators and voting rights groups have long argued these windows are essential given variable mail service, especially during high-volume periods.
The dispute reached the Supreme Court after the RNC sued Mississippi officials in 2024. Oral arguments in March highlighted tensions over election administration, with questions about the potential for abuse weighed against burdens on voters.
Trump’s focus on mail voting has persisted despite studies documenting low fraud rates. The practice expanded significantly during the COVID-19 pandemic and remains popular with many voters for convenience.
