Many states give voters extra time to have mail ballots received and counted after Election Day. The question before the U.S. Supreme Court is whether those “grace periods” are allowed, or whether a federal Election Day framework requires states to stop counting ballots on the date itself.
The justices will hear arguments Monday in a dispute centered on Mississippi’s five-day grace period for regular mail ballots, a rule that has been challenged by Republicans. Supporters of the practice say the added time helps states process ballots reliably even when mail delivery extends past the deadline. Opponents say the approach undermines the idea of a single Election Day for casting ballots and can fuel disputes over results.
At the heart of Mississippi’s case is an argument that federal election-day statutes contemplate one day for voting. The lawsuit was filed by the Republican National Committee and the Libertarian Party of Mississippi against Mississippi Secretary of State Michael Watson, who is a Republican. They argue that grace periods for receiving mail ballots—practices also in the District of Columbia and in three U.S. territories—violate federal law.
Mississippi’s challengers have pointed to concerns that extending receipt windows can delay final results and contribute to public skepticism about vote tallies. The dispute builds on President Donald Trump’s repeated criticism of counting mail ballots after Election Day, including his effort in 2020 to “STOP THE COUNT,” and his broader messaging portraying mail voting as vulnerable to fraud despite findings to the contrary.
Republican state officials have also framed Election Day-as-a-cutoff as a matter of credibility. Ohio state Sen. Theresa Gavarone, a Republican, said during debate over her state’s ban last year that “Election Day is Election Day for a reason” and that “Allowing ballots to be delivered days after the election does nothing but hurt the integrity and credibility of our elections.”
Election officials and voting-rights groups, including those representing military and overseas voters, argue the Supreme Court should allow states to keep their own rules for deadlines and ballot processing. They cite constitutional authority over the “times, places and manner” of elections, and they warn that striking down grace periods could create operational and voter-facing problems during this year’s midterm elections. In a filing with the court, a group of state and big-city election officials cited “the risks of confusion and disenfranchisement” if grace periods were ended suddenly in states where voters have counted on them for years.
Stuart Holmes, director of elections for the Washington Secretary of State’s office, said 127,000 ballots were received after Election Day in 2024, an experience he tied to what would be rejected if Mississippi’s challenge succeeds. Holmes said Washington has the longest grace period of any state, at 21 days after Election Day, and he warned that if a ballot is treated as invalid even when it is postmarked by Election Day, “it might as well have never been received.” Holmes added, “There’s no way to resolve that issue,” and said, “There’s no second chance.”
The implications of the court’s decision could extend beyond the 14 states that provide grace periods for regular mail ballots. The National Conference of State Legislatures and the Voting Rights Lab said that a total of 29 states allow extra time for at least some mail voters, including those who cast military and overseas ballots.
Those states’ experiences have been shaped by varying grace-period lengths. The cluster describes that all 50 states require ballots to be cast or postmarked on or before Election Day, while the 14 states with grace periods accept and count mailed ballots for periods ranging from a single day after Election Day in Texas to 21 days afterward in Washington. Mississippi’s disputed grace period is five days.
With the case now pending, some states have already changed their rules. Four states—Ohio, Kansas, North Dakota and Utah—eliminated grace periods last year, according to the National Conference of State Legislatures and the Voting Rights Lab. Minnesota shortened its ballot deadline from the close of polls on Election Day to 5 p.m.
In Ohio, the Republican governor Mike DeWine signed the change last year, saying the Mississippi lawsuit forced his hand after he had vowed he would not sign more election restrictions championed by fellow Republicans. DeWine said at the time that the four-day grace period was “reasonable,” and he argued it made sense. He later said a ruling against Mississippi would jeopardize similar laws elsewhere, including in Ohio, and leave inadequate time for states to adjust.
Supporters of grace periods have countered that mail delivery timing can be uncertain and that deadlines can affect voters differently depending on logistics. For example, the story includes Ohio voter Adriane Mohlenkamp describing how her prior grace period gave her “a safe feeling” because she said she could not always anticipate how long mail would take after it left her hands.
Other changes to mail operations have also complicated election planners’ expectations. Katy Owens Hubler, elections program director at the National Conference of State Legislatures, said postmark uncertainty has become trickier for states after changes to U.S. Postal Service mail processing. She said an updated Postal Service policy enacted in December changed how postmarks indicate timing, with postmarks reflecting the day the mail was handled at a processing center rather than the first day the Postal Service received it.
In response to those concerns, some states have proposed extending deadlines to account for potential processing delays. The cluster says NCSL reported proposals including California by three days, Virginia by five hours and Kansas by an hour, depending on the county. Owens Hubler said informing voters of changes triggered by the Supreme Court’s ruling will need to happen quickly, adding, “It’s not ideal to do it in a big election year like this year,” because voters adapt but any shift from a “postmarked-by” to a “received-by” date must be communicated in advance.