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Late-Arriving Mail-In Ballots Could be Impacted in Supreme Court Decision

by WZMQ
March 23, 2026
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WASHINGTON, D.C. – A Supreme Court decision could make major changes to mail-in voting across the country, including US territories. Justices heard arguments in a Mississippi law that allows ballots to be counted if they are postmarked by Election Day but are received within days afterwards.

Each state has a different way to process mail-in ballots. States like Michigan and Pennsylvania, require the mail-in ballots to be received by Election Day. In places like New York and territories (Guam, Puerto Rico and the Virgin Islands), they allow for a so-called “grace period” to count mail-in ballots after Election Day, just as long as they’re postmarked before Election Day.

President Donald Trump has been vocal in his opposition to mail-in voting and has claimed, without widespread evidence, that mail-in voting is a source of fraud. An analysis from the Voting Rights Lab said “military and overseas voters, voters with disabilities and older voters would face the most significant impacts if postmark deadlines are struck down. These voters, who already face challenges not experience by a typical voter, would have to overcome even greater obstacles to ensure their votes count.”  

We spoke with the Rebekah Caruthers, President and CEO of the Fair Elections Center, a nonpartisan voting rights and election reform organization, about the case. Caruthers said the Court will most likely strike down those so-called “grace period” days for states to count mail-in ballots after Election Day. She urgers voters should be prepared for the upcoming elections.

“If you have every intention of voting this fall, you are regularly checking your voter registration to make sure your voter registration is accurate and current,” said Caruthers. “The next thing you need to do is make a plan to vote. Are you going to vote early if your jurisdiction allows that? Are you going to vote by mail if your jurisdiction allows that? Are you going to wait until Election Day to vote? One thing I will caution people this year going into the midterms is as soon as you are able to vote this year, go ahead and vote and make sure you ballot is counted.”

The Court could make their ruling on this issue within the next few months. It could impact the midterm elections.

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