Overview
- The Supreme Court ruled in June 2026 that states may count ballots received after Election Day if they meet state rules, creating the legal baseline for postmarked late ballots.
- The Justice Department sent warnings to state election officials about alleged noncitizen ballots and filed a high‑profile suit on Oct. 22 asking a judge to pause Alaska’s certification in the “Decoy Dan” dispute.
- State laws vary widely on how long mail ballots may arrive and still be counted, with about 15 states accepting postmarked late ballots and places using ranked‑choice voting, such as Alaska and Maine, expecting counts and certification to take days to weeks.
- Democratic and Republican legal teams prepared rapid‑response litigation plans this fall, with Marc Elias‑linked groups helping Democrats and the DOJ and other actors already engaging in pre‑ and post‑election court fights.
- Fact‑checkers have debunked online claims that the Supreme Court moved to invalidate post‑Election Day counting rules, but ongoing DOJ suits, court decisions and state certification rules leave the final outcome vulnerable to prolonged legal and administrative delays.