Supreme Court rules states can count late-arriving mailed ballots
Breaking Legal News
The Supreme Court on Monday ruled that states can count ballots that arrive after Election Day, a persistent target of President Donald Trump.
The 5-4 decision rejected a Republican-led attack on laws in more than half the states and the District of Columbia that permit mailed ballots to arrive and be counted some number of days after the election, provided they are postmarked by Election Day. The outcome spares officials the headache of changing their ballot rules just a few months before the 2026 midterm congressional elections.
In just over half those states, the more forgiving deadlines apply only to ballots cast by military and overseas voters.
Justice Amy Coney Barrett wrote the court's majority opinion, joined by Chief Justice John Roberts and the three liberal justices.
Federal laws setting a single Election Day "leave open when those votes must be received," Barrett wrote.
Congress could change the law, she said. "If varied deadlines for ballot receipt similarly call for a national solution, the American people must choose it through their elected representatives," Barrett wrote.
Justice Samuel Alito wrote the dissent for four justices. "Not only is today's decision inconsistent with statutory text, legal context, historical practice, and precedent; it also threatens to produce lamentable consequences," Alito wrote. "The majority's holding spawns a slurry of troubling election-law questions and risks further undermining Americans' confidence in election integrity."
The legal challenge was part of Trump's broader attack on most mail balloting, which he has said breeds fraud despite strong evidence to the contrary and years of experience in numerous states. Trump has repeatedly claimed that his loss to Joe Biden in 2020 resulted from fraud even though more than 60 court decisions and his own attorney general said that argument had no merit.
Trump called the court ruling a "tremendous loss" and renewed his call for Congress to pass the SAVE America Act, which has made it through the House of Representatives but not the Senate.
The court heard arguments in March in a case from Mississippi pitting the state against Trump's Republican administration and the Republican and Libertarian parties. At issue was whether federal law sets a single Election Day that requires ballots to be both cast by voters and received by state officials.
The federal appeals court in New Orleans struck down a Mississippi law allowing ballots to be counted if they arrive within five business days of the election and are postmarked by Election Day.
Related listings
-
US journalist pleads guilty to acting as an illegal agent for China
Breaking Legal News 06/08/2026Linda Sun, a former aide to New York governors, was accused of selling her influence to the Chinese government. Sun pleaded not guilty to charges that she failed to register as an agent of a foreign government, conspired with her husband to launder m...
-
Judge bans most arrests by federal agents in immigration courts in New York
Breaking Legal News 05/19/2026Federal agents can no longer make arrests without exceptional circumstances in and around three Manhattan buildings where immigration proceedings occur, a judge ruled Monday.The decision by U.S. District Judge P. Kevin Castel brings an abrupt halt to...
-
Trump Administration Seeks Appeal to Pause White House Ballroom Halt Order
Breaking Legal News 04/07/2026The Trump administration is arguing that a judge's order to halt construction of a $400 million ballroom creates a security risk for President Donald Trump as it asks a federal appeals court to pause the ruling.In a motion filed Friday, National Park...
Forte Law Group is a trusted resource to protect your child’s needs.
Based on the culmination of ongoing state, municipal and board of education budget cuts, coupled with school districts having to do more with less resources, the current climate within schools often dictates that you may require a special education attorney to achieve the best results when advocating for your child’s right to a free appropriate public education. Coupled with increasing class sizes, your child may slip through the cracks within the school system itself and not be receiving an appropriate education with measurable goals and objectives.
A Connecticut Special Education Attorney Knows the Law
Often is the situation that there already exists a high level of frustration and contention between the family and school when special education and related services are not being appropriately delivered. Many times, the relationship between family and school results in an adversarial environment that is not conducive towards a team approach for the benefit of your child’s needs.
