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Live Updates: Supreme Court Hearing Mail-In Ballots Case
The justices’ decision could upend the way states handle ballots that are postmarked by Election Day but arrive later. President Trump has called for restrictions on mail-in voting.
The Supreme Court on Monday is hearing a case that has become part of a broad political battle over mail-in ballots and that could have major consequences for voters in November’s midterm elections.
In the case, Republican plaintiffs are challenging a Mississippi state law allowing ballots to be counted if they are postmarked by Election Day but arrive up to five business days later. The justices’ decision could upend the way states handle such ballots throughout the country because at least 18 other states and territories have similar laws.
Supreme Court hears arguments in mail-in voting case
• The Supreme Court is hearing oral arguments in a case about whether states may count mail-in ballots received after Election Day.
• Multiple conservatives have been skeptical of the Mississippi law, enacted during the Covid-19 pandemic, that allows ballots to be received up to five days late, as long as they are postmarked by Election Day.
• Justices Samuel Alito and Brett Kavanaugh both suggested the state law could make it easier for fraudulent votes to be cast or for voters to assume fraud occurred when a contest’s outcome swings days after Election Day once late-arriving ballots are counted.
• Fourteen states and Washington, DC, allow regular mail ballots to be accepted after Election Day, including presidential battleground Nevada. Most of the nation’s battleground states — including Michigan, Pennsylvania and Wisconsin — require ballots to be received by Election Day.
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Live updates: Supreme Court hears arguments in mail-in ballot case
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Paul Clement, a Republican National Committee lawyer arguing against Mississippi's mail-in ballot law, said in his opening remarks to the Supreme Court that the state's position "is wrong as a matter of text, precedent, history and common sense."
Clement argued that the process for counting ballots received after Election Day contradicts the idea that the country has a national Election Day.
"If somebody in Gulfport the day after the election asks, 'Is the election over?' The common sense answer is, 'No, it's not. The ballots are still coming in,'" he said. "And if somebody asks who won, the truthful answer is, 'we don't know yet, the ballots are still coming in, and they may trickle in for weeks or months.'"
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