The U.S. Supreme Court announced on Monday its decision to hear a case concerning the counting of mail ballots received after Election Day. Approximately 20 U.S. states and territories currently permit the counting of mail ballots that arrive post-Election Day, typically requiring them to be postmarked on or before Election Day.
This development follows a request by Mississippi's top election official for the Supreme Court to review a lawsuit initiated by the Republican National Committee (RNC). The RNC's lawsuit contends that Mississippi's mail ballot grace period contravenes federal law. An appeals court previously ruled in favor of the RNC; however, this ruling, issued during the previous year's presidential election, was not immediately implemented.
States implement these grace periods to provide flexibility for voters, accommodating potential delays related to postal service issues, forgotten ballot returns, or unforeseen circumstances such as severe weather or natural disasters.
The Republican Party has asserted that Congress, not individual states, holds the authority to determine the conclusion of elections, and that Congress established a uniform Election Day.
Ahead of the 2024 election, the RNC has filed multiple legal challenges against state-level grace period laws, including in Nevada. Subsequent to these challenges, several Republican-led states, such as Utah, have rescinded their mail ballot grace periods. Former President Trump has also advocated for the nationwide elimination of these periods through executive order.
During the most recent election cycle, hundreds of thousands of mail ballots were processed by officials after Election Day. For example, in Washington state, where a majority of votes are cast by mail, officials reported that over 250,000 ballots postmarked on time arrived after Election Day.
Joyce Vance, a professor at the University of Alabama School of Law, commented last year that Republicans are "trying to set up a possible rule for the future where only ballots that are cast and counted on Election Day count." She stated this approach would align with voting patterns from a century ago, but "doesn't reflect the modern reality where we have early voting days and have mail-in voting days precisely to accommodate the fact that not everybody can get away during normal business hours on a Tuesday to vote."