The Supreme Court on Monday agreed to decide if states can count mail-in ballots that arrive after Election Day. It’s a key issue for President Donald Trump, who has criticized the practice since his 2020 election loss.
The justices agreed to take up the case, after an appeal reached the court from Mississippi. They will look at whether states can accept the mailed ballots after polls close as long as they are sent by Election Day.
Oral arguments will likely be in 2026 with a decision expected by the summer.
It’s a case that could have major implications in the states that allow the practice ahead of the 2026 midterm elections.
According to the National Conference of State Legislatures, sixteen states count ballots that arrive late as long as they’re postmarked on or before Election Day.
A panel of three judges nominated by President Trump on the 5th Circuit Court of Appeals ruled in 2024 that the Mississippi state law that allows ballots to be counted after Election Day violated federal law.
The issue is pitting Mississippi Republican officials against the Republican National Committee (RNC.) The RNC is arguing against the use of mail-in ballots.
Some Republican-led states have taken steps to stop counting late ballots, including Kansas and North Dakota. In Ohio, legislation is advancing that requires ballots to be in by Election Day, The Associated Press noted.
Utah lawmakers changed the state’s voting laws during the 2025 legislative session, including a requirement that mailed-in ballots had to be received by 8 p.m. on election night. Before they only required an Election Day postmark.
The case and other state efforts to reform mail-in ballots come as the practice has been highly scrutinized in recent election cycles, particularly after Trump lost the 2020 presidential election and blamed it on the “rigged” mail-in ballot laws that were introduced during the COVID-19 pandemic.
The White House confirmed earlier this month that the administration was working on an executive order “to strengthen our elections in this country and to ensure that there cannot be blatant fraud.”
In March, Trump signed an executive order instructing Attorney General Pam Bondi to go after states that count mail-in ballots and absentee ballots after Election Day.