The U.S. Supreme Court is set to hear a significant case regarding mail ballot deadlines. This decision could impact how various states handle postmarked mail ballots that arrive after Election Day. Currently, around 20 states and territories allow for this practice, including Mississippi, which has a five-day grace period for mail ballots.
Case Background
The litigation began when the Republican National Committee (RNC) filed a lawsuit questioning the legality of Mississippi’s grace period. They argue that this practice violates federal law. In response, an appeals court ruled in favor of the RNC, although the decision was delayed until after the last presidential election.
As it stands, 16 states, along with Guam, Puerto Rico, the Virgin Islands, and Washington, D.C., count mail-in ballots received post-Election Day if they are postmarked by that date. This accommodation allows voters to overcome potential postal service issues and unforeseen circumstances such as severe weather.
Political Dynamics
Many GOP officials assert that Congress should dictate when elections conclude, emphasizing that a uniform Election Day should be enforced. The RNC is actively challenging grace period laws across various states, including a recent case in Nevada. As a result, some Republican-controlled states have eliminated their mail ballot grace periods.
Impact on the 2024 Election
During the 2024 election, a large number of mail ballots were processed after Election Day. For instance, Washington state reported over 250,000 ballots that were postmarked on time but arrived late. This scenario raises questions about the ongoing changes in voting practices.
Joyce Vance, a law professor at the University of Alabama, suggests that the RNC’s efforts may aim to establish a new standard that limits ballots to those cast on Election Day. She notes that this approach does not align with modern voting patterns, which now include early voting and mail-in options.
Supreme Court’s Role
The Mississippi case is the third voting-related issue this term for the Supreme Court. Other cases include a mail ballot dispute concerning candidates’ standing to sue and a challenge to the Voting Rights Act. The implications of these cases could shape the future of voting regulations in the United States.
- States allowing postmarked mail ballots after Election Day: 20
- States with a mail ballot grace period: Mississippi (5 days)
- Mail ballots counted post-Election Day in Washington: 250,000+
- Number of voting-related cases before the Supreme Court this term: 3
