The Supreme Court on Monday ruled that states can count ballots that arrive after Election Day, a persistent target of President Donald Trump.
The 5-4 decision rejected a Republican-led attack on laws in more than half the states and the District of Columbia that permit mailed ballots to arrive and be counted some number of days after the election, provided they are postmarked by Election Day. The outcome spares officials the headache of changing their ballot rules just a few months before the 2026 midterm congressional elections.
In just over half those states, the more forgiving deadlines apply only to ballots cast by military and overseas voters.
Justice Amy Coney Barrett wrote the court's majority opinion, joined by Chief Justice John Roberts and the three liberal justices.
Federal laws setting a single Election Day “leave open when those votes must be received,” Barrett wrote.
Congress could change the law, she said. “If varied deadlines for ballot receipt similarly call for a national solution, the American people must choose it through their elected representatives,” Barrett wrote.
Justice Samuel Alito wrote the dissent for four justices. “Not only is today’s decision inconsistent with statutory text, legal context, historical practice, and precedent; it also threatens to produce lamentable consequences," Alito wrote. “The majority’s holding spawns a slurry of troubling election-law questions and risks further undermining Americans’ confidence in election integrity.”
The legal challenge was part of Trump’s broader attack on most mail balloting, which he has said breeds fraud despite strong evidence to the contrary and years of experience in numerous states. Trump has repeatedly claimed that his loss to Joe Biden in 2020 resulted from fraud even though more than 60 court decisions and his own attorney general said that argument had no merit.
Trump called the court ruling a “tremendous loss” and renewed his call for Congress to pass the SAVE America Act, which has made it through the House of Representatives but not the Senate.
“There is only one reason to oppose — CHEATING!” Trump wrote on Truth Social.
Among other changes, the legislation would limit who is able to receive a mail ballot and impose a documentary proof-of-citizenship requirement for registering to vote.
“If we want fair and secure elections, Election Day should mean exactly what it says, which is why this decision makes it even more imperative that Congress pass the SAVE America Act,” RNC Chairman Joe Gruters said in a statement.
The court heard arguments in March in a case from Mississippi pitting the state against Trump’s Republican administration and the Republican and Libertarian parties. At issue was whether federal law sets a single Election Day that requires ballots to be both cast by voters and received by state officials.
The federal appeals court in New Orleans 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.
The outcome is a “sigh of relief” for a lot of election administrators, said Stephen Richer, a Republican and the former top election administrator in Arizona’s Maricopa County, which includes Phoenix.
A ruling in favor of the Republican National Committee "would have created a whole host of administrative challenges for the affected states,” said Richer, who is now a legal fellow at the Cato Institute.
RNC officials did not immediately respond Monday to email and telephone requests for comment.
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32 Comments
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Blacklabel
why yes they can!
it’s called the Save America Act, now Congress has zero excuse to not pass it.
Bob Fosse
“Trump called the court ruling a “tremendous loss”
Ouch. Barret under the bus too?
Underworld
One of many recent Supreme Court losses.
Underworld
Blacklabel
Congress could change the law, she said.
Sorry, it doesn't have the votes from the GoP or the Dems.
If you send in your vote before election day, there is no reason not to count it.
TaiwanIsNotChina
Except for the whole not wanting to go down with Trump's sinking ship bit.
plasticmonkey
Don't hold your breath. It won't pass.
Blacklabel
It’s just the 3 who Trump got thrown out of office who are primarily blocking the passage of the Act. They won’t be in the next Congress.
bass4funk
States still control rules: They can set (or change) their own postmark deadlines, receipt windows, and verification processes. Nothing forces states without grace periods to add them; also, ballots must be cast (postmarked) by Election Day under federal law. Late casting is not allowed.
TaiwanIsNotChina
Trump needs to deliver the mail as that is his only lawful role in elections.
TaiwanIsNotChina
I guess it is good that Schumer will be setting the schedule then.
TaiwanIsNotChina
In what part of that did you not read a massive loss for King MAGA?
Bob Fosse
The president ‘it’s a tremendous loss’
late stage maga ‘it’s actually a huge win’
plasticmonkey
Guess all you want.
What's the voter fraud/processing fraud rate in California, according to research?
bass4funk
Eventually it will, considering its what the voters want both Democrat and Republican, not the party, Thune is on a serious timeclock.
Voter ID Requirements (Photo ID to Vote)
Overall: 83–84% support.
Republicans: 95–98% (near-universal).
Democrats: 67–71% (solid majority, but lower than other groups).
Independents: 79–84%.
Proof of Citizenship to Register/Vote
Overall: 75–83% support.
Republicans: 96%+ (very strong).
Democrats: 50–70% (Gallup, Rasmussen showed 66%, Harris cited 55% for the broader SAVE Act).
Independents: 69–84%.
bass4funk
I just outlined it; it's not a massive loss for MAGA. Again, it's a slight setback for the American people; this isn't a partisan party issue for the most part, it's an American voter integrity issue
plasticmonkey
There is no public clamor for the Save America Act.
plasticmonkey
Post hoc ergo propter hoc argument. "B followed A, therefore A caused B."
There is no clamor for the Save America Act.
bass4funk
There is, that's why Thune is getting increased pressure by the day. Kinda funny that the usual Trump hating 4 Republicans are against it despite it being popular within their hond states.
Underworld
bass4funk
Don't hold your breath. It won't pass.
Nope. Not going to happen.
It's not what the voters want when they understand the implications.
Are you suggesting breaking the filibuster?
bass4funk
I really don't care not one iota what any foreigner thinks about our political process,
Yes, that's why the polling is so high, but its funny, you route when the voters say, they want ICE in these liberal states to leave, the will of the people, but when it comes to stopping illegals from voting and keeping our elections safe, you're now saying, ignore that law, you are always all over the place, but anyway, its always nice to hear the opinions of non-citizens. Lol
Bob Fosse
Non citizen voting has been illegal for a long time. Utah just completed one of the most competitive state level checks for citizenship and found among 2 million registered voter ONE undocumented.
Underworld
Sorry, Blacklabel and bass4funk, the Save America Act will not be passed. That's just the facts.
You can show whatever polls you like, but the Senate won't pass the act. Ever.
bass4funk
We know, that's the reason why
In blue run cities, yes, we know
Moderator
Readers, please don't get fixated on this story. Once you have made your point, please move on. Japan Today discourages obsessive posting.
Bob Fosse
It was a state level comprehensive check. I said that already.
bass4funk
Like I said, they're mostly Dem run counties
Bob Fosse
Name them.
bass4funk
Salt Lake, Park City, Moab, Mendenhall
Bob Fosse
4 out of 29.
Utah is overwhelmingly conservative.
bass4funk
So is most of California for that matter, but the Dems control the entire legislature and in primarily SLC cases like double-voting in primaries (e.g., Summit County investigated a handful), signature issues in petitions, or clerical errors just even a few thousand can tilt any election
Blacklabel
CNN:
“The Supreme Court handed Trump an election case defeat. Is a bigger win for him coming?”
spoiler alert: yes, it is.
Underworld
HopeSpringsEternal
Off topic. This article is about late-arriving mailed ballots.