In a 5-4 ruling, the U.S. Supreme Court has affirmed a Mississippi law permitting election officials to count mail-in ballots that are postmarked on Election Day, even if they arrive up to five days later.
Justice Amy Coney Barrett wrote the opinion, joined by Chief Justice John Roberts and all three of the court’s liberal justices.
BREAKING: The U.S. Supreme Court has upheld a Mississippi law that allows election officials to count mail-in ballots that are postmarked by Election Day but received up to five days after it.
— NPR (@npr.org) June 29, 2026 at 7:08 AM
Via NPR:
Eighteen states and territories, including Mississippi, have such mail ballot grace periods. Most of the states are Democratic-led, including California, Illinois and New York. A dozen additional states have grace periods for ballots returning from overseas, like from military members.
“[T]he election-day statutes require the electorate’s choice to be made on election day. That occurs so long as election day is the deadline for individuals to vote—as it is in Mississippi,” Barrett wrote. “But the election-day statutes do not set a deadline for ballot receipt, so they do not prevent Mississippi from counting ballots postmarked before election day yet received afterward.”
These grace periods have historically provided voters time to get their absentee ballots to officials in case there are any issues with the Postal Service — as well as any other unforeseen issues, such as weather events.
Donald Trump has long held a grudge against mail-in voting (even though that’s how HE votes) because results can change from Election Night early results to after mail-in ballots are counted in the few days after.
For example, Washington Secretary of State Steve Hobbs said last year that more than 250,000 ballots that were postmarked on time arrived after Election Day during the 2024 election. Without that grace period, those voices would have been silenced, especially in rural areas where mail delivery can take longer.
Trump has ranted about Spencer Pratt’s loss in the recent LA mayor’s race as early Election Night results showed him in second place, but as mail-in ballots were tabulated (in the deep blue city of LA) the results eventually showed two Dems at the top of the vote.
Trump, of course, went on a social media rant after this morning’s ruling was released.

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