The U.S. Supreme Court is scheduled to hear oral arguments Monday on whether Mississippi’s law allowing mail-in absentee ballots to be counted up to five days after Election Day conflicts with federal law. The decision could influence election procedures across the country, according to legal experts.
Mississippi is among 18 states and the District of Columbia that accept mail-in ballots received after Election Day, provided they are postmarked by Election Day, according to the National Conference of State Legislatures. The state’s law was enacted in 2020 during the COVID-19 pandemic to give voters extra time to return ballots.
A federal lawsuit challenging the law was filed in 2024 by the Mississippi Republican Party, the Republican National Committee, a Mississippi voter, and a county election official. The state Libertarian Party later joined the case. The plaintiffs argue the law conflicts with federal law designating Election Day as the day for voters to conclusively choose federal officials.
U.S. District Judge Louis Guirola Jr. initially ruled last year that there was no conflict, stating that allowing a reasonable window for ballots to arrive did not violate federal law. However, a three-judge panel of the Fifth Circuit Court later reversed that decision, and the full court declined to rehear the case.
Mississippi Attorney General Lynn Fitch’s office contends the law simply provides a cushion for election workers, not additional voting days. The state argues that under federal law, voters must cast and submit ballots by Election Day for federal races. The Supreme Court’s decision, expected in the spring, could lead to the invalidation of similar laws in other states if it rules against Mississippi. The state legislature passed a bill this year to abolish the five-day grace period if the court rules in opposition, with the governor having until Monday to sign or veto the measure.
