Supreme Court weighs RNC bid to disqualify late-arriving mail ballots

Case could have major implications for 2026 midterms and future federal elections

Mar. 24, 2026 at 10:19am

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The U.S. Supreme Court is considering a Republican Party lawsuit aimed at preventing states from counting mail-in ballots received after Election Day, even if they were postmarked on or before. The case centers on Mississippi's policy of accepting absentee ballots up to five days after Election Day if they were received by the Postal Service on or before. The Republican National Committee argues this violates federal law establishing Election Day as the day for federal elections, while Mississippi and voter advocacy groups defend the state's policy.

Why it matters

A Supreme Court decision in favor of the RNC could upend voting policies and procedures in dozens of states just five months before the 2026 midterm elections. Voting rights advocates warn this could lead to widespread rejection of properly cast ballots that experienced delivery delays. The case is seen as part of a broader effort by former President Trump and allies to make it more difficult to vote by mail, which they believe favors Democrats.

The details

The RNC alleges Mississippi's policy violates federal law establishing the Tuesday after the first Monday in November as Election Day for federal elections. Republicans argue "election" means both "ballot submission and receipt" and Congress intended it to be completed on a single day. Mississippi and voter groups argue "election" has historically meant when voters make their "choice" by submitting ballots, not necessarily when they are received and counted.

  • The Supreme Court is hearing the case on Monday, March 24, 2026.
  • A decision is expected by the end of June 2026, just five months before the 2026 midterm elections.

The players

Republican National Committee (RNC)

The Republican Party organization that brought the lawsuit against Mississippi's policy of accepting late-arriving mail ballots.

Mississippi

The state defending its law that allows absentee ballots to be counted up to five days after Election Day if received by the Postal Service on or before.

Marc Elias

A prominent Democratic election law attorney representing some of the parties defending Mississippi's law.

Donald Trump

The former president who has pushed a "movement to get rid of MAIL-IN BALLOTS" and supported legislation to outlaw voting by mail for anyone without a legitimate excuse.

John Sauer

The Solicitor General who filed an amicus brief on behalf of the Trump administration supporting the RNC's position.

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What they’re saying

“Allowing states to count large numbers of mail-in ballots that are received after Election Day undermines trust and confidence in our elections. Elections must end on Election Day.”

— Joe Gruters, RNC chair

“The weight of the law and the weight of the precedent is on our side.”

— Marc Elias, Democratic election law attorney

“Ensuring all ballot boxes close on the same day eliminates incentives and opportunities for fraudulent abuse. Leaving them open conflicts not only with the ordinary meaning of 'election day,' but also with the very integrity of the election.”

— John Sauer, Solicitor General

“Counting votes is not part of the election. That is why counting votes lawfully can and does occur after Election Day. So, too, with ballot receipt: it is vital -- but it is not part of the election itself. So, states may do what the Mississippi legislature has done: make a 'policy choice' to require only that absentee ballots be mailed by election day.”

— Lynn Fitch, Mississippi Attorney General

What’s next

A decision in the case is expected by the end of June 2026, just five months before the 2026 midterm elections.

The takeaway

This case highlights the ongoing partisan battle over mail-in voting, with Republicans seeking to restrict it and Democrats defending it. The Supreme Court's ruling could have major implications for voting policies and procedures in dozens of states, potentially leading to the rejection of properly cast ballots that experienced delivery delays.