Supreme Court upholds Mississippi's post-Election Day ballot count

The Supreme Court ruled 5-4 on Monday that Mississippi may continue counting absentee ballots postmarked by Election Day and received up to five days later. The decision rejected a Republican National Committee challenge that argued federal election law requires ballots to arrive by Election Day itself.

The opinion was written by Justice Amy Coney Barrett, a Trump appointee, and joined by the court's three liberal justices. Barrett's reasoning was direct: the federal statutes governing election day do not preempt state laws that set a later receipt deadline for absentee ballots postmarked on time.

"Nothing in the federal election-day statutes requires ballots to be received by election day," the majority opinion states.

Mississippi is one of roughly 30 states that count absentee ballots postmarked by Election Day but received afterward. The state's law allows absentee voters – including seniors and college students – to mail ballots that are postmarked on or before Election Day and received within five days.

The RNC sued in 2024, arguing the wording of federal election statutes sets Election Day as the hard deadline for ballot receipt. Barrett rejected that reading.

"We must decide whether the federal election-day statutes preempt Mississippi's law," she wrote. "They do not."

The ruling delivers a setback to ongoing efforts by Trump and the GOP to tighten mail-in voting rules ahead of the midterms. Monday's decision is final; the Court did not schedule further briefing or oral argument.

This is a developing story. Check back for updates.