Supreme Court sounds skeptical of laws allowing late-arriving mail ballots

The Supreme Court heard arguments Monday in a Mississippi case that could affect voting rules in 13 other states and the District of Columbia, and possibly more for military and overseas ballots, the court was told.

Lawyers for the Republican and Libertarian parties and the Trump administration asked the justices to uphold an appeals court ruling that struck down a Mississippi law allowing ballots to be counted if they arrive within five business days of the election and are postmarked by Election Day, according to court filings.

Several conservative justices expressed skepticism about state laws that allow late-arriving mail ballots. Justice Samuel Alito asked whether a “big stash of ballots” arriving late could “radically flip” an election, while Mississippi Solicitor General Scott Stewart told the court that the administration and its allies had not presented a single case of fraud tied to late-arriving ballots.

The court’s liberal justices said they would defer to states and Congress and warned that changing practices close to an election could cause confusion. “The people who should decide this issue are not the courts, but Congress, the states and Congress,” Justice Sonia Sotomayor said, according to the transcript. State and big-city election officials told the court in a written filing that forcing changes months before the 2026 midterm elections risks “confusion and disenfranchisement.”

States such as California, Texas, New York, Illinois and Alaska allow ballots to be counted after Election Day. Alaska election officials said Monday they are preparing for the fall elections under existing law and would work with state entities “to ensure compliance and to provide clear information to voters” if a ruling required operational changes, the Alaska Division of Elections said in a statement. The court is expected to issue a ruling by late June, when its term ends.

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