Stakes of Supreme Court case on grace period for mail-in ballots

CBS News
March 23, 2026
3 min read

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Supreme Court is deciding whether states can allow mail-in ballots postmarked by Election Day to arrive late.

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The Supreme Court heard oral arguments Monday in a Republican National Committee challenge to Mississippi's five-day grace period for mail-in ballots postmarked on or before Election Day. The case could reshape mail-in voting rules nationwide, as the RNC argues the grace period violates election law by counting ballots received after Election Day. A ruling in the RNC's favor would likely invalidate similar grace-period provisions in multiple states, potentially affecting millions of mail-in voters in future elections. The outcome hinges on whether the Court interprets federal election law to prohibit states from accepting late-arriving ballots that were postmarked by the deadline. The decision could significantly tighten mail-in voting procedures across the country, particularly in states that currently allow ballots to be counted days after Election Day.

What's Being Done

The Supreme Court heard arguments Monday in the case challenging Mississippi's five-day grace period for late-arriving mail-in ballots.

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