Overview
- The dispute arises from Mississippi’s 2020 rule counting mail ballots received up to five business days after Election Day if postmarked by that day, which the Fifth Circuit said violates federal election statutes.
- Roughly 18 states plus the District of Columbia accept certain late-arriving domestic mail ballots that are postmarked by Election Day, with additional allowances for military and overseas voters.
- RNC lawyers argue federal law requires ballots to be received by Election Day, while a 19-state and D.C. coalition says states have constitutional authority to set receipt deadlines.
- Advocates split sharply, with Honest Elections Project’s Jason Snead praising the review and DNC chair Ken Martin calling it an attempt to curb voting rights.
- Oral arguments are expected in early 2026, positioning a ruling by late June or July to guide procedures for the 2026 midterms.