March 24, 2026

The Supreme Court appeared ready Monday to rein in one of the most controversial election practices still allowed in several states: counting mail-in ballots that arrive after Election Day.

During oral arguments in Watson v. Republican National Committee, the Court’s conservative justices signaled deep skepticism toward a Mississippi law allowing absentee ballots to be counted up to five days after Election Day, so long as they are postmarked on time. The case could have sweeping consequences ahead of the November midterms, especially in battleground contests where delayed ballot counting could once again fuel chaos, suspicion, and legal warfare.

Mississippi is one of 14 states, along with the District of Columbia and three U.S. territories, that still permit late-arriving ballots to be counted. Republicans have long argued that the practice undermines public confidence by stretching Election Day into Election Week or longer, leaving voters in limbo while election officials continue tallying ballots after the fact.

 

 

The Supreme Court's conservative justices expressed strong doubt over Mississippi’s law allowing absentee ballots received up to five days after Election Day to be counted, signaling a potential crackdown on a practice seen by Republicans as undermining trust in timely vote counts. Chief Justice Roberts, Justice Alito, and Justice Kavanaugh emphasized the importance of Election Day as a definitive cutoff for counting ballots, warning that extended deadlines foster confusion and fuel election fraud accusations. The Trump administration supported restricting late ballot counting to restore confidence in elections, while defenders argued that votes cast by Election Day justify later counting, a view the justices appeared unconvinced by as they questioned the risks of opening endless post-election vote receipts. The court’s decision could significantly reshape election rules ahead of the midterms in battleground states where late mail-in ballot counting often stokes legal battles and voter uncertainty.

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