Supreme Court Weighs Limits on Mail-In Ballots

Justices appear skeptical of allowing late-arriving mail-in votes to be counted after Election Day

Mar. 24, 2026 at 1:08am

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The Supreme Court's conservative majority on Monday seemed open to arguments by the Republican National Committee to limit the counting of mail-in ballots that arrive after Election Day, even if they were postmarked on or before. Several justices voiced concerns about a Mississippi law allowing tabulation of absentee ballots that arrive up to five days after polls close.

Why it matters

The case could have major implications for the future of mail-in voting, which has become increasingly popular but is opposed by many Republicans who claim it opens the door to fraud. A ruling restricting late-arriving mail-in ballots could make it harder for some voters, especially those in rural areas or with disabilities, to have their votes counted.

The details

The RNC is challenging a Mississippi law that allows the counting of absentee ballots that arrive up to five days after Election Day as long as they are postmarked by Election Day. Several justices, including Brett Kavanaugh and Samuel Alito, expressed skepticism about such grace periods, with Alito saying 'we don't have Election Day anymore' but rather 'election month or we have election months.' The court's three liberal justices pushed back, arguing that states should have flexibility to set their own voting rules.

  • The Supreme Court heard arguments in the case on March 24, 2026.
  • A decision from the high court is expected by the end of June 2026.

The players

Republican National Committee

The national organization of the Republican Party that is challenging the Mississippi law allowing late-arriving mail-in ballots to be counted.

Mississippi

The state defending its law that allows absentee ballots to be counted up to five days after Election Day.

Neil Gorsuch

A conservative Supreme Court justice who voiced concerns about the timing of when mail-in ballots must be received.

Brett Kavanaugh

A conservative Supreme Court justice who sounded skeptical of the Mississippi law allowing late-arriving mail-in ballots.

Samuel Alito

A conservative Supreme Court justice who criticized the idea of having "election month" instead of just Election Day.

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What they’re saying

“Both sides agree there needs to be a final decision by the voter and receipt [of the ballot] — by somebody — by Election Day.”

— Neil Gorsuch, Supreme Court Justice

“I think if you were looking at the text in isolation — day for the election — your first instinct might be in-person voting on that day, is what that text literally meant.”

— Brett Kavanaugh, Supreme Court Justice

“We don't have Election Day anymore. We have election month or we have election months.”

— Samuel Alito, Supreme Court Justice

What’s next

The Supreme Court is expected to issue a ruling on the case by the end of June 2026, which could have major implications for the future of mail-in voting in federal elections.

The takeaway

This case highlights the ongoing partisan divide over mail-in voting, with Republicans pushing to limit it and Democrats defending states' ability to set their own rules. The Court's decision could significantly impact voter access and election integrity ahead of the 2026 midterm elections.