Supreme Court shows reluctance with mail-in voting in case that could sway midterm elections

The Supreme Court appeared inclined Monday to strike down a state law that allows mail-in ballots received after Election Day to be counted, a case that could change the electoral landscape in November's congressional elections.

President Trump has been a vehement critic of mail-in voting, frequently calling it fraudulent and corrupt. Democrats tend to use this electoral mechanism more than Republicans, and the practice was widespread during the COVID-19 pandemic.

Fourteen states allow mail-in ballots to be counted after the election date if they bear a polling day postmark.

Legal debate over deadline for receipt of mail-in ballots

The central issue is whether federal law establishes a single election day that requires ballots to be both cast by voters and received by state officials on that same date.

The case involves a challenge by the Republican National Committee (RNC) to a law in Missississippi that allows ballots to be counted if they arrive within five business days after Election Day.

A federal judge ruled in favor of Mississippi, but his decision was reversed by an appeals court panel, which held that ballots must arrive before Election Day to be counted.

RNC criticism of lack of uniform mail-in ballot deadline

Paul Clement, an attorney representing the RNC, said it was problematic that mail-in ballots were being received "with or without a postmark in differing ways in differing states."

"That reality gives the lie to the idea that we have a uniform national Election Day," Clement said.

"You can't have an election unless you receive ballots and there must be some deadline for ballot receipt," he added. "Nonetheless, Mississippi insists that ballots can trickle in days or even weeks after Election Day."

A ruling is expected by the end of June, early enough to govern vote counting in the 2026 midterm election.