Anchor
Supreme Court upholds counting of mail ballots that arrive after Election Day
Rule ChangesA 5-4 ruling in Watson v. RNC keeps grace-period laws alive in about 15 states before the 2026 midterms
June 29th, 2026: Court upholds the grace period 5-4New here? Follow stories to track developments over time. Create a free account to get updates when stories you care about change.
Overview
If you mail your ballot by Election Day in about 15 states, it still counts when it lands a few days late. The Supreme Court said so on June 29, voting 5-4 to uphold a Mississippi law that gives mail ballots a five-day grace period.
The Republican National Committee had asked the Court to read federal law as a hard receipt deadline: ballots in the box by Election Day or not at all. The justices refused. The ruling locks in grace-period rules across roughly 15 states heading into the November midterms.
Why it matters
In the 2026 midterms, a ballot you mail by Election Day still counts in about 15 states even if it arrives days later.
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Key Indicators
5–4
Court's margin
Barrett and Roberts joined the three liberal justices to form the majority.
5 days
Mississippi grace period
Ballots postmarked by Election Day count if they arrive within five business days.
~15 states
States with postmark grace periods
These states, plus D.C., count mail ballots received after Election Day.
1845
Election Day statute
The year Congress set a single national Election Day, the law at the center of the case.
Related Media
Supreme Court of the United States located in Washington DC which interprets laws. It is the Judicial Branch of the US government.
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Supreme Court upholds counting of mail ballots that arrive after Election Day
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People Involved
Organizations Involved
Republican National Committee
Political Party Committee
Lost the challenge it brought
The national governing body of the Republican Party, which filed the lawsuit seeking to bar states from counting late-arriving mail ballots.
Supreme Court of the United States
Federal Court
Issued the 5-4 ruling
The nation's highest court, which decided whether federal Election Day law bars states from counting ballots received after Election Day.
Timeline
January 2024 June 2026
6 events
Latest: June 29th, 2026 · 1 month ago
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-
Court upholds the grace period 5-4
Latest LegalJustice Barrett's majority held that federal Election Day statutes govern when votes are cast, not when ballots arrive, preserving grace-period laws in about 15 states.
-
Oral arguments at the Supreme Court
LegalThe justices questioned both sides on whether 'election' covers ballot receipt or only the act of voting.
-
Supreme Court takes the case
LegalThe justices granted Mississippi Secretary of State Michael Watson's petition to review the 5th Circuit ruling.
-
5th Circuit strikes the law down
LegalThe appeals court reversed, holding that federal law requires ballots to be received by Election Day and preempts Mississippi's grace period.
-
District court upholds the law
LegalA federal district court in Mississippi ruled the five-day grace period does not conflict with federal Election Day statutes.
-
RNC sues over Mississippi grace period
LegalThe Republican National Committee, the state GOP, and Mississippi's Libertarian Party sued to stop officials from counting mail ballots received after Election Day.
Historical Context
3 moments from history that rhyme with this story — and how they unfolded.
December 2000
Bush v. Gore (2000)
The Supreme Court halted Florida's presidential recount in a 5-4 decision. The ruling effectively handed the presidency to George W. Bush by about 537 votes. It turned on how and when ballots could be counted under state and federal law.
Then
Al Gore conceded within a day, and Bush became president.
Now
The case became the benchmark for the Supreme Court resolving disputes over ballot-counting mechanics with national stakes.
Why this matters now
Like Watson, it shows the Court deciding the technical rules of which ballots count, with control of government hanging on the answer.
October–November 2020
Republican Party of Pennsylvania v. Boockvar (2020)
Pennsylvania let mail ballots arrive up to three days after Election Day. Republicans asked the Supreme Court to block the extension. The justices deadlocked and declined to stop it, leaving the grace period in place for the 2020 election.
Then
Pennsylvania counted the late-arriving ballots, though it set them aside separately.
Now
The Court left the underlying legal question unsettled, setting up the fight that Watson finally resolved.
Why this matters now
This is the same dispute over post-Election-Day mail ballots. Watson answers the question the Court ducked in 2020.
June 2023
Moore v. Harper (2023)
The Supreme Court rejected the 'independent state legislature' theory, which argued that state courts cannot review legislatures on federal election rules. The 6-3 ruling kept normal checks on how states run federal elections.
Then
State courts retained power to police election laws.
Now
The decision clarified the federal-state balance over election administration that Watson builds on.
Why this matters now
Both cases sort out who controls the rules of federal elections, the states or Congress. Watson confirms states keep wide latitude over ballot receipt.
Sources
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