By Independent News Roundup
The case is raising fresh questions about election integrity and federal authority over voting rules and indicates that the Supreme Court could crack down on mail-in ballots before the coming midterms.
The case centers on whether ballots received after Election Day, even if postmarked on time, can legally be counted in federal elections.
If justices determine that mail-in ballots are not suitable for elections and vote against the Mississippi law, the ruling could impose nationwide limits on their use.
High Court Weighs Election Day Integrity
Mississippi’s law, passed in 2020 during the pandemic, permits election officials to count mail-in ballots arriving within a five-day grace period after Election Day.
But federal law clearly establishes Election Day as the Tuesday following the first Monday in November, creating a direct conflict over whether votes must be received, or merely sent, by that deadline.
The U.S. Court of Appeals for the Fifth Circuit previously ruled that federal law overrides Mississippi’s policy, blocking the state from counting late-arriving ballots.
Mississippi officials argue that striking down the law would disrupt similar policies in 18 states that currently allow ballots received after Election Day to be counted if postmarked on time.
Justices Raise Concerns About Late Ballots
During oral arguments, Justice Samuel Alito raised concerns about the potential for election manipulation if late-arriving ballots significantly alter results.
He warned about scenarios where “a big stash of ballots” arriving after Election Day could “radically flip” an election outcome.
Justice Brett Kavanaugh questioned whether the Court should intervene close to an election cycle.
Kavanaugh referenced the precedent set in Purcell v. Gonzalez (2006), which cautions against last-minute judicial changes to election laws.
Attorney Paul Clement, representing the Republican National Committee (RNC), argued that a ruling by June would still provide states enough time to adjust ahead of upcoming elections.
Liberal Justices Push Back
Justice Sonia Sotomayor challenged the argument against counting late-arriving ballots, particularly those from military and overseas voters.
She pointed to the disputed 2000 presidential election, stating, “Maybe we need a new president,” referencing how late-counted ballots helped determine the outcome.
Clement dismissed the comparison as “the reddest of red herrings,” arguing that longstanding rules for military ballots still required them to be received by Election Day.
Broader Legal Battle Over Election Rules
The lawsuit was brought by the Republican National Committee, Mississippi’s Republican Party, and the state’s Libertarian Party, all arguing that counting ballots after Election Day undermines federal election law.
President Donald Trump previously issued an executive order seeking to end the practice nationwide.
However, part of Trump’s order was blocked by a federal court earlier this year.
Decision Could Impact Multiple States
At stake is not just Mississippi’s law, but similar policies across the country.
If the Supreme Court sides with the challengers, states that allow ballots to arrive after Election Day could be forced to overhaul their election systems.
The case highlights a fundamental question: whether Election Day is a firm deadline for receiving votes, or merely a deadline for sending them.
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