Supreme Court upholds grace period for late-arriving mail-in ballots

Supreme Court upholds grace period for late-arriving mail-in ballots

The Supreme Court upheld a Mississippi law Monday that allows mailed ballots to be counted if they're postmarked on or before the date of the election and received within five business days.

The big picture: The justices' ruling could protect voting in states with similar laws this November and is sure to feed President Trump's frequent criticism of voting by mail.

  • The Trump administration backed the law's challengers, arguing that allowing states to count ballots received after Election Day undermines the integrity of federal elections.
  • In a Truth Social post condemning the decision as a "tremendous loss," Trump called on the Senate to pass his top legislative priority, the SAVE America Act.
  • Driving the news: The court ruled 5-4 to uphold Mississippi's law, with Justices Samuel Alito, Clarence Thomas, Neil Gorsuch and Brett Kavanaugh dissenting.

  • Mississippi Secretary of State Michael Watson defended the state's ballot law, arguing voters need to make their final choice by Election Day, even if officials receive the ballot days later.
  • Catch up quick: Federal law sets the Tuesday after the first Monday in November as Election Day, language the 5th Circuit Court of Appeals seized on in ruling against Mississippi's law.

  • However, "The defining element of an 'election,'" Barrett wrote in the majority opinion, "has always been the electorate's choice of candidate."
  • She further explained, "The electorate's choice is made when voting is complete, not when ballots are received," and later concluded, "The election-day statutes say nothing about ballot receipt, and we cannot add to the words Congress chose."
  • Military and overseas voter advocacy groups had warned a decision siding with the 5th Circuit could exacerbate "already significant barriers" to voters abroad.
  • The other side: Dissenting, Alito argued the decision "creates a serious risk of further undermining public confidence in our elections and our system of self-government."

    Zoom out: The decision is part of a trio of blockbuster election cases the Supreme Court decided or is set to decide this term, along with its narrowing of a landmark voting rights law and a pending decision over a major GOP challenge to campaign finance restrictions.

    Go deeper: Supreme Court's final cases loom over Trump's immigration, election hopes

    Editor's note: This story was updated to include President Trump's Truth Social post.