Supreme Court to Decide if Mississippi can count mail-in ballots after Election Day

The U.S. Supreme Court will hear oral arguments Monday on whether Mississippi’s law allowing election officials to process mail-in absentee ballots received up to five days after Election Day conflicts with federal law.

Mississippi is among 18 states and the District of Columbia that accept mailed ballots after Election Day, provided they are postmarked by Election Day, according to the National Conference of State Legislatures.

The case stems from a 2020 law enacted during the COVID-19 pandemic, which gave voters a grace period for mailing ballots. In 2024, a federal lawsuit challenged the law, arguing it conflicts with federal rules designating Election Day as the deadline for voters to submit ballots.

U.S. District Judge Louis Guirola Jr. initially ruled last year that there was no conflict, citing Congress’s intent to avoid multiple election days and undue influence. However, a three-judge panel of the 5th Circuit Court of Appeals reversed that decision, and the full court declined to rehear the case.

The Mississippi Attorney General’s office defends the law, stating that the five-day window is not for voters to cast ballots but provides a cushion for election workers to count ballots postmarked by Election Day. The Supreme Court’s decision, expected in the spring, could impact states with similar laws and lead to legislative changes in Mississippi.

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