Politics

Supreme Court will decide on Mississippi’s late-arriving mail ballots case

Supreme Court will decide on Mississippi’s late-arriving mail ballots case

WASHINGTON (AP) — The Supreme Court on Monday agreed to decide whether states can continue to count late-arriving mail ballots, which have been a target of President Donald Trump.

The justices took up an appeal from Mississippi after a panel of three judges nominated by the Republican president on the 5th U.S. Circuit Court of Appeals ruled last year that the state law allowing ballots that arrive shortly after Election Day to be counted violated federal law.

Mississippi is among 18 states and the District of Columbia that accept mailed ballots received after Election Day as long as the ballots are postmarked on or before that date, according to the National Conference of State Legislatures.

The list includes swing states such as Nevada and states such as Colorado, Oregon and Utah that rely heavily on mail voting.

An additional 14 states allow the counting of late-arriving ballots from some eligible voters, including overseas U.S. service members and their families, according to a filing from Democratic-led states that urged the justices to reverse the appellate ruling.

The case will be argued in the late winter or early spring. A final ruling almost certainly will come by late June, early enough to govern the counting of ballots in the 2026 midterm congressional elections.

Mississippi Attorney General Lynn Fitch, a Republican, told the Supreme Court that the appellate ruling “will have destabilizing nationwide ramifications” if left in place.

“The stakes are high: ballots cast by — but received after — election day can swing close races and change the course of the country,” Fitch wrote.

Trump has claimed that late-arriving ballots and drawn-out electoral counts undermine confidence in elections. In March, the Republican president signed an executive order on elections that aims to require votes to be “cast and received” by Election Day. The order has been challenged in court.

The Republican National Committee and the Libertarian Party of Mississippi led the challenge to the Mississippi law. A federal judge dismissed a similar challenge to Nevada’s law, but the decision has been appealed.