Supreme Court Skeptical of Mail Ballot Grace Periods, Threatening Election Procedures in Over a Dozen States

Key Points

• Supreme Court justices expressed skepticism toward grace periods for mail-in ballots during arguments on Monday.
• If the Court rules against grace periods, over a dozen states would need to change election procedures.
• Nevada and California reported significant numbers of late-arriving ballots in 2024, highlighting potential impacts.

Full Details

On Monday, the U.S. Supreme Court heard arguments over a Mississippi law that permits mail-in ballots postmarked by Election Day to be counted up to five days after the election, with conservative justices expressing skepticism toward such grace periods. If the Court rules that ballots must be received by Election Day, officials say more than a dozen states—including Nevada, Illinois, California, and others—would have to overhaul their voting procedures. Nevada's Secretary of State noted that 106,000 ballots arrived within the state's 14-day grace period in 2024, while California counted about 406,000 late ballots, roughly 2.5% of its total vote. The case could reshape ballot-counting rules nationwide and impact election administration ahead of the 2026 midterms. Justice Samuel Alito emphasized the literal meaning of 'day' during deliberations, highlighting the legal definition's potential to influence the Court's decision.