US Supreme Court upholds state laws counting mail ballots arriving after Election Day, dealing blow to Trump

The US Supreme Court has ruled that state laws allowing mail-in ballots postmarked by Election Day to be counted even if they arrive afterward are constitutional. Mail-in voters are generally seen as leaning toward the Democratic Party, and the ruling is drawing attention for its potential impact on November's midterm elections — particularly given that President Donald Trump has repeatedly challenged the practice.

On Monday (local time), five of the nine justices rejected arguments by the Republican National Committee and the Mississippi Republican Party, ruling that Mississippi's mail ballot law does not violate federal law. The lawsuit was filed in 2024.

Under current Mississippi law, mail ballots postmarked by Election Day are counted as valid if they arrive within five business days after the election. Mississippi and 13 other states, along with Washington, D.C., allow such a grace period for ballots postmarked by Election Day, while about 10 other states permit it in limited cases for military personnel and overseas residents.

The plaintiffs had argued the practice violated federal law, which sets the date for federal elections as the Tuesday following the first Monday in November. The Supreme Court rejected that argument.

CNN and The New York Times said the ruling is a political blow to Trump and further dims the Republican Party's prospects heading into the midterm elections.

Trump has repeatedly claimed mail-in voting is susceptible to fraud and has urged Congress to pass legislation strengthening voter identification requirements — known as the SAVE Act — which would also restrict mail-in voting. He has also criticized delays in tallying results in the Los Angeles mayoral primary, which he attributed to the time needed to count mail-in ballots.

The ruling drew particular attention because two justices generally considered conservative — Chief Justice John Roberts and Justice Amy Coney Barrett — sided against Trump's position. US media had widely expected the court's conservative majority to rule in the plaintiffs' favor, making the outcome a surprise. The decision has also heightened interest in other pending rulings, including one on birthright citizenship.

The Wall Street Journal reported that more than 750,000 mail ballots in the 2024 general election were postmarked before Election Day and arrived during the grace period immediately afterward.

Trump expressed disappointment on his Truth Social platform, writing that there had been "a tremendous loss" at the Supreme Court on Tuesday regarding voters' rights. He said the ruling made it all the more important for Congress to pass the SAVE Act.

"There is no reason for any politician, or anyone else, to be against the three requirements" of the SAVE Act, Trump said. "All voters must show photo ID, all voters must show proof of citizenship, and mail-in ballots are not allowed unless there is an exception."

House Speaker Mike Johnson, Republican of Louisiana, announced Monday that he would convene the House this week and move to include the SAVE Act in a budget reconciliation bill, which would allow it to pass the Senate with a simple majority.

Republicans hold 53 of the Senate's 100 seats — short of the 60 needed to overcome a filibuster, the procedural tactic that allows unlimited debate to block legislation. By folding the SAVE Act into a reconciliation measure, Republicans would be able to pass it with a simple majority, bypassing that threshold.