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 4:08pm

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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. The court heard a challenge to a Mississippi law that allows tabulation of absentee ballots received 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 ballots could make it harder for some voters, especially those in the military or with disabilities, to have their votes counted.

The details

The RNC argues that the term "election" in federal law means both the submission and receipt of ballots by state officials. Mississippi and voting rights groups counter that "election" refers to when voters make their choice, not when officials receive the ballot. Several justices, including some liberals, expressed concerns about the potential for "destabilizing" election results if late-arriving ballots are counted.

  • 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 (RNC)

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

Mississippi

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

Justice Neil Gorsuch

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

Justice Brett Kavanaugh

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

Justice Samuel Alito

A conservative Supreme Court justice who expressed concerns about the challenges of administering a national election with extended voting periods.

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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.”

— Justice Neil Gorsuch

“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.”

— Justice Brett Kavanaugh

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

— Justice Samuel Alito

What’s next

A decision from the Supreme Court is expected by the end of June 2026.

The takeaway

This case highlights the ongoing partisan divide over mail-in voting and the potential for the Supreme Court's conservative majority to impose new limits that could make it harder for some voters, especially those who rely on the postal service, to have their ballots counted.