SCOTUS Set to Decide: Does Election Day Still Mean Election Day?

Should ballots arriving after Election Day count at all?

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A group of election integrity organizations is pushing the Supreme Court to uphold a ruling that requires mail-in ballots to be received by Election Day, arguing this aligns with federal law.

american election ballot booth

Discussion

Randy Markoff

Mail in ballots received after Election should NOT count

David

ID and till election day.

Reginald Carroll

You know the leaft will use every loophole that they can . Even tying up mail so it can’t be counted ,or adding mail that shouldn’t be counted

Warren

Not on time, NOT counted.

KATHRYN

NO THEY SHOYLD NOT BE COUNTED.

Peter Greco

Election Day is not Election Whenever. There is plenty of time to get ballots in before Election Day.

Jeff E. Green

Absentee/early voting should end well before election day so ballots would be received 'EARLY', before election day. NO ballot should be counted after election day, period!

Wyn

The ridiculous lengths of time after elections that some locations still allow ballots to be counted makes a mockery of our elections. Early voting dates give people time to vote in a timely manner, if they are interested in doing so!

James Moser

I used to work the polls in Missouri, and their election machines were not online all information where in to a USB drive and they were all collected by the poll workers and delivered to a central location always by a worker from each party and delivered to main headquarters for tabulation. The machines not being on line could not be hacked.

Ken M

I see that 4% voted in favor of votes counting AFTER election day. That is amazing, and wrong too. Voting should be 7:00 AM to 7:00 PM on a Tuesday, same day, nationwide, with ID proving citizenship. No exceptions.

Kelly

Polls close in the evening on Election Day. That means no more votes can be cast the same should apply for mail in ballots

Randy

Only military and civilian personnel serving overseas should be allowed, and only for so many days

Jim

Military votes should count as long as they are completed before election day.

Don OConnor

It's about time elections got straightened out. If elections are dishonest, our country is done.

Barb

yes they should count our postal delivery has gotten unreliable!

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Core Conflict and Legal Challenge

A group of election integrity organizations is urging the Supreme Court to uphold a ruling that mandates mail-in ballots be received by Election Day. This legal challenge centers on Mississippi’s five-day grace period for ballots postmarked by Election Day.

“Counting ballots that are received after Election Day unnecessarily damages public trust in election outcomes, delays results, and violates the law.”Β 

Jason Snead, Honest Elections Project

The coalition contends that this grace period violates federal law, which they argue requires all ballots to be in election officials’ hands by the time polls close.

Background and Historical Context

The case arises from a lawsuit initiated by the Republican National Committee (RNC) challenging Mississippi’s practice of counting mail ballots received up to five business days after Election Day if postmarked by that day.

Supreme Court building β€” Background and Historical Context

Snead said a favorable ruling from the Supreme Court would “protect the rights of voters and the integrity of the democratic process, and ensure that it is easy to vote but hard to cheat in future elections.”

Jason Snead

Historically, the Supreme Court ruled in Foster v. Love (2008) that the ‘final act of selection’ in elections must occur on Election Day. This precedent is central to the argument that mail-in ballot receipt should also align with this date.

Vote Math and Political Strategy

Should the Supreme Court uphold the 5th Circuit’s ruling, it could invalidate similar postmark-based deadlines in 14 states, significantly impacting the upcoming 2026 midterm elections.

The case could set a clear standard for when ballots must be received, influencing future elections.

Currently, four Republican-controlled states have shifted to require that mail-in ballots be received by Election Day, reflecting a growing trend among GOP-led states toward stricter voting regulations.

  • 14 states and D.C. currently allow ballots postmarked by Election Day but received later.
  • Recent shifts in voting laws suggest a potential for more states to adopt similar measures if the Supreme Court rules in favor.

Implications for Future Elections

The outcome of this Supreme Court case is poised to have lasting implications on how mail-in ballots are managed across the United States. A ruling favoring the RNC may lead to stricter mail-in voting laws nationwide.

The decision will significantly affect voter access and election integrity moving forward.

Conversely, a decision against the RNC could reinforce the existing framework that accommodates late-arriving ballots, allowing for more flexibility in counting processes.

FAQ

What is the main legal issue in this case?

The main issue is whether mail-in ballots must be received by Election Day, as argued by the election integrity coalition.

How many states currently allow ballots to be counted if received after Election Day?

Fourteen states and Washington D.C. count ballots received after Election Day if postmarked by that day.