https://www.flickr.com/photos/cindyshebley/50174082391
Edited by Rishi Chandra, Amelia Cantwell, and Owen Andrews
On March 23, 2026, the Supreme Court of the United States heard oral arguments on a proposition that would make it more difficult for people across the nation to vote by mail. In November 2025, the Court agreed to take on the case that deals with a Mississippi statute that allows ballots “postmarked by Election Day but received five business days after to still be counted.” 13 states have similar grace-period laws, meaning that the Court's decision will affect the rights of millions of Americans to voice their opinions through their ballots. Twenty-nine states allow, at a minimum, late counting for military and overseas ballots. The Court’s decision will affect ordinary Americans, especially rural and overseas voters, members of the military, and workers.
The Court should uphold these grace periods and mail-in voting provisions because they are essential to ensuring equitable voter access, particularly for overseas and rural voters. Restricting these provisions could weaken democratic participation.
The Court is expected to come to a decision this summer, close to the nationwide midterm elections. Based on oral arguments, commentators from The Hill noted that judges seemed likely to move towards pursuing the constraint on mail-in voting.
Restricting the counting of late ballots is an attack on democratic participation and the rights of constituents. Because we will likely not know the Court's decision until late summer, it is important that Americans across the country prepare and use their voices at the ballot box, regardless of the Court’s ruling.
The Mississippi statute was enacted during the COVID-19 pandemic to ensure Americans could vote while staying safe through a dangerous period of uncertainty. The statute became law shortly after the pandemic, as the ballot extension was necessary to guarantee that military and overseas ballots were counted.
The Republican National Committee (RNC), which is spearheading the lawsuit, argues that Election Day is held on only one day of the year and that any ballot counted after it is a “breach” of the day’s purpose. During oral arguments, Justice Elena Kagan pushed back against the RNC, asking why ballots received after Election Day should be void if ballots before Election Day can be counted. This concern is especially concerning, given that “in the 2024 presidential election, more than 88 million voters cast their ballots early by mail or in person, including some 41 percent of registered Democrats and 38 percent of registered Republicans,. This demonstrates that early voting is a widely used practice across the nation. The absence of the opportunity to vote early would have adverse effects on a large population of Americans. Similarly, “the 2022 midterms saw more than 47 million voters cast ballots early by mail or in-person, including 45 percent of Democrats and 35 percent of Republicans.” Because so many Americans choose to cast their ballots early, losing flexibility in early voting would disproportionately impact millions of voters, including rural voters, active-duty military members, and those with demanding work schedules who may live far from polling stations. It is also important to consider those who cannot vote on Election Day, and rely on early voting systems or grace periods in order to ensure that their voice is heard and that their ballot is counted.
In preparation for the looming decision, state officials have taken certain measures, including preparing their offices and constituents to vote early, expanding in-person polling, encouraging people to mail in their ballots earlier than they think, and expediting registration processes to safeguard every American’s voice. These preparations underscore the importance of early voting to states across the country, as it is heavily relied upon to ensure equitable participation in elections.
Oregon is one state that will be severely affected by a decision to dismiss ballots received after Election Day. In 2022, for example, almost 32,000 ballots were counted during the seven-day grace period after Election Day, details Tess Seger, a top aide to Oregon's Secretary of State Tobias Read. An estimated 13,000 ballots were received during the grace period in 2024, a number expected to increase in 2026 due to postmarking and mail-delivery delays. Oregon has updated its guidance to voters, urging voters to mail in ballots at least seven days before Election Day.
Washington state has the largest grace period, allowing ballots received up to 21 days after Election Day to be counted. At least 127,000 Washington ballots were received in this period in the 2024 election.
In addition, Massachusetts is another state implementing precautionary measures to protect voter access. Secretary of State Bill Gavin is exploring legislative options to extend the hours that the polls are open. This will help voters who live far from in-person polling stations access in-person voting, even if they have to work, care for their family, go to school, or face other extenuating circumstances that limit the hours they have in a day to make it to the polls. He is also exploring the option of electronic voting for overseas military personnel.
This case introduces uncertainty for states across the country as they prepare for midterm elections. While states do their best to prepare facilities and voting initiatives, a large responsibility falls on the American public to mail in their ballots early, plan ahead, and know what will be on the ballot. Ballots postmarked by Election Day but received during the grace period should be counted, and restricting them is an attack on constituents’ rights. Regardless, it is important that Americans do not let the outcome of the Court's decision influence their decision to vote. A vote is a voice in democracy. Every ballot counts.