The Supreme Court will hear arguments Monday, March 23, in a case that could reshape how states handle mail ballots arriving after Election Day. The justices will consider whether Mississippi's five-day grace period for receiving absentee ballots violates federal election law, a decision that could affect voting rules across the country with only months until this fall's midterm elections.

The case, brought by the Republican National Committee and the Libertarian Party of Mississippi, argues that federal statutes envision a single Election Day for casting ballots. Fourteen states currently allow voters to submit mail ballots that arrive after Election Day, with grace periods ranging from one day in Texas to 21 days in Washington state.

The implications extend beyond the 14 states with grace periods for regular ballots. A total of 29 states allow extra time for at least some mail voters, including military and overseas ballots, according to the National Conference of State Legislatures and the Voting Rights Lab.

What the Right Is Saying

The Republican National Committee and Libertarian Party of Mississippi argue that federal Election Day statutes envision a single day for casting ballots. They say grace periods violate federal law and delay final results, leading to what they describe as suspicions about vote tallies.

'Election Day is Election Day for a reason,' Ohio state Sen. Theresa Gavarone, a Republican, said during debate over her state's ban on the practice last year. 'Allowing ballots to be delivered days after the election does nothing but hurt the integrity and credibility of our elections.'

The practice has been a target of former President Donald Trump since the 2020 election, when he sought to 'STOP THE COUNT' and has continued to attack mail voting as prone to fraud, despite findings to the contrary from multiple studies.

In signing Ohio's law eliminating its four-day grace period, Republican Gov. Mike DeWine said the Mississippi lawsuit forced his hand, though he preferred to veto the legislation. He noted that a ruling against Mississippi would jeopardize similar laws in other states.

What the Left Is Saying

Voting rights groups, local election officials and organizations representing military and overseas voters have defended the practice in briefs to the court. They argue that the Constitution grants states authority over the 'times, places and manner' of elections, and that eliminating grace periods would create confusion and disenfranchisement.

A group of local election officials and governments told the court that sudden elimination of grace periods would 'threaten to create chaos and confusion' in this year's midterm elections. They noted that eliminating the practice could affect ballot verification activities, provisional ballot processing, and the handling of military and overseas ballots that often happens after Election Day.

Stuart Holmes, director of elections for the Washington Secretary of State's office, said 127,000 ballots were received after Election Day in 2024. He warned that if the court rules a ballot is invalid even if postmarked by Election Day, 'it might as well have never been received.'

Adriane Mohlenkamp, a 48-year-old voter from Athens, Ohio, said the grace period provided 'a safe feeling' given mail delivery uncertainties in her rural area. 'Even if I do my due diligence and return it in enough time, I can't always anticipate what it does when it leaves my hands,' she said.

What the Numbers Show

Fourteen states currently have grace periods for regular mail ballots: Alabama, California, Connecticut, Illinois, Maryland, Minnesota, Nevada, New Jersey, New Mexico, New York, Texas, Vermont, Washington and Wisconsin. Mississippi's disputed period is five days.

In 2024, Washington's 21-day grace period resulted in 127,000 ballots received after Election Day. Texas accepts ballots the next business day after the election — the shortest window.

According to a November 2025 Brookings Institution study, mail voting involved approximately four cases of fraud out of every 10 million ballots. About 30% of voters used mail voting in the 2024 presidential election.

Four states — Ohio, Kansas, North Dakota and Utah — eliminated grace periods last year. Minnesota shortened its deadline from the close of polls on Election Day to 5 p.m.

The Bottom Line

The Supreme Court's decision, expected by the end of the term, will determine whether states can continue offering grace periods for mail ballots. If the court strikes down Mississippi's law, the 14 states with similar provisions would need to quickly adjust their rules ahead of this fall's midterm elections, potentially affecting millions of voters who have relied on extended mail voting windows.

Katy Owens Hubler, elections program director at the National Conference of State Legislatures, said informing voters of any changes would need to happen quickly. 'It's not ideal to do it in a big election year like this year,' she said. 'Voters do adapt, but if there is a change from a postmarked-by to a received-by date, that needs to be communicated and signaled well in advance.'

The case also raises broader questions about the balance between voter access and election finality, with both sides arguing their position protects either the integrity of the franchise or the right to have every eligible vote counted.