Supreme Court Upholds State Grace Periods for Late-Arriving Mail Ballots
On June 29th, the Supreme Court ruled 5-4 to uphold Mississippi's law allowing mail-in ballots postmarked by Election Day to be counted if received within five business days. Justice Amy Coney Barrett wrote the majority opinion, joined by Chief Justice Roberts and the three liberal justices. The court found that federal law sets when ballots must be cast but not when they must be received, leaving that decision to states. The case, Watson versus the Republican National Committee, originated from a GOP challenge arguing that federal Election Day rules prevented late ballot counting. The decision affects roughly 14 states plus Washington D.C. with similar grace periods, and 30 additional states with military and overseas voter grace periods. During the 2024 election, about 250,000 ballots arrived after Election Day in states with grace periods despite being postmarked on time, according to election officials.
Key facts
- Supreme Court ruled 5-4 in Watson v. RNC on June 29, 2026, upholding grace periods for mail ballots
- Justice Amy Coney Barrett authored the majority opinion, joined by Chief Justice Roberts and Justices Sotomayor, Kagan, and Jackson
- 14 states and D.C. have grace periods for regular mail ballots; 30 states have them for military and overseas voters
- In 2024, approximately 250,000 ballots postmarked on time arrived late in grace-period states
- Republican National Committee challenged Mississippi's five-business-day grace period law
- President Trump called the decision a 'tremendous loss' and urged Senate passage of the SAVE America Act
- The 5th Circuit Court of Appeals had previously sided with Republicans before Supreme Court reversal
How different outlets framed it
Left-leaning coverage: Left-leaning sources highlight this as a victory for voting rights and democracy. They stress that the ruling prevents voter disenfranchisement caused by postal delays beyond voters' control and protects military and rural voters who depend on mail ballots. Democratic groups and voting rights organizations celebrated the decision as affirming state authority over elections and rejecting Trump administration efforts to restrict mail voting.
Right-leaning coverage: Conservative sources and Republican officials express concerns about election integrity and public confidence. They argue that extending counting beyond Election Day creates perception problems and potential for fraud. Some Republicans, including those in Mississippi, called for states to tighten deadlines anyway despite the ruling. The dissenting conservatives argued the decision undermines two centuries of election practice.
Limits of this briefing
This ruling does not prevent states from changing their own laws to eliminate grace periods—some Republican officials have called for legislatures to do so. The practical impact may vary by state depending on whether individual legislatures act to tighten ballot deadlines.
Sources
- Voting Rights Lab: Supreme Court Upholds Ballot Postmark Grace Period Laws Left
- NPR: The Supreme Court upholds grace periods for mail-in ballots, siding against the GOP Centre
- Axios: Supreme Court upholds grace period for late-arriving mail-in ballots Centre
- ABC News: SCOTUS rebuffs GOP bid to block counting of late-arriving mail ballots Centre
- Votebeat: Supreme Court rejects Republican attempt to move up mail ballot deadline Centre