US Supreme Court Backs Mail-in Ballot Grace Periods

The US Supreme Court on Monday sided against national Republicans and the Trump administration, upholding state laws that allow mail-in ballots received after Election Day to be counted. The 5-4 ruling rejected a Republican-led challenge to a five-day grace period in Mississippi, a decision that deals a setback to President Donald Trump and the Republican National Committee (RNC).

The case, Watson v Republican National Committee, centered on a Mississippi law that permits mailed ballots to be counted if they arrive within five business days of Election Day, provided they were postmarked by Election Day. The RNC had argued that such grace periods violate federal statutes that set the timing of federal elections for the presidency, Senate, and House of Representatives. A lower court had sided with the RNC, deeming Mississippi's law inconsistent with federal law.

The Court's Reasoning

Justice Amy Coney Barrett wrote the majority opinion, joined by Chief Justice John Roberts and the court's three liberal justices. Barrett wrote that federal law requires only that voters cast their ballot by Election Day, not that it be received by that date. "The election-day statutes say nothing about ballot receipt, and we cannot add to the words Congress chose," she wrote.

Four members of the court's conservative majority dissented. Justice Samuel Alito, writing on their behalf, said the ruling "creates a serious risk of further undermining public confidence in our elections and our system of self-government." The decision overturns the lower court's ruling and allows Mississippi to continue counting mail-in ballots that arrive up to five business days after an election, as long as they are postmarked on or before Election Day.

Broader Impact and State Laws

The ruling has implications beyond Mississippi. Fourteen states, Washington DC, and three US territories have similar laws that allow for late-arriving ballots to be counted. According to the Jerusalem Post, about 30 states and the District of Columbia accept at least some ballots that are postmarked on or before Election Day but received afterward. Some states, including Mississippi, changed their laws in 2020 during the Covid-19 pandemic.

In Mississippi, absentee voting by mail is limited to certain categories of voters, including people aged 65 and above, the disabled, and those living away from home. The state defended its ability to set its own procedures for elections against the challenge from the Republican party.

The ruling comes as Trump and some Republicans continually cast doubt on mail voting, a process used by millions in both parties in most states. Trump has called for an end to mail voting, though he does not have the power to end it himself, as election processes in the US are run by local jurisdictions based on local and state laws and policies. In March, however, Trump cast a mail-in ballot himself, according to the Palm Beach county supervisor of elections website.

Key Claims

  • The US Supreme Court backed state laws allowing mail-in ballots received after Election Day to be counted.
  • The court rejected a Republican-led challenge to a five-day grace period in Mississippi.
  • Justice Amy Coney Barrett wrote that federal law requires only that voters cast their ballot by Election Day.
  • About 30 states and the District of Columbia accept at least some ballots that are postmarked on or before Election Day but received afterward.
  • Fourteen states, Washington DC, and three US territories have similar laws allowing late-arriving ballots to be counted.
  • Trump called on Congress to pass the SAVE America Act, a partisan federal elections bill that would require photo identification to vote and proof of citizenship to register to vote.
  • Trump has called for an end to mail voting, though he does not have the power to end it himself.