Topline
The Supreme Court ruled Monday that state laws allowing mail-in ballots to arrive after Election Day do not violate federal law, upholding laws throughout the country that allow late-arriving ballots and delivering a blow to Republicans who have pushed for stricter regulations.
An election worker opens envelopes containing vote-by-mail ballots in Renton, Washington on August 3, 2020.
AFP via Getty Images
Key Facts
The Supreme Court ruled 5-4 in favor of a Mississippi law that allows mail-in ballots to still be counted if they arrive up to five days after Election Day, as long as they’re postmarked by Election Day.
Justices ruled the state law does not conflict with federal rules regarding Election Day, with Justice Amy Coney Barrett noting for the court’s majority that a federal statute governing overseas and military ballots notes that “while federal law dictates when ballots must be cast, state law governs when they must be received.”
The Republican National Committee had challenged the law, part of a broader effort nationwide by Republicans to tighten rules around mail-in voting as President Donald Trump has attacked the practice.
The ruling upholds laws in 30 states that allow at least some ballots to arrive after Election Day, including ballots from military voters and Americans who live overseas.
Crucial Quote
“The electorate’s choice is made when voting is complete, not when ballots are received,” Barrett wrote for the court Monday, also noting that while federal law sets out a specific day for the Electoral College to vote for presidential elections, it doesn’t say anything about when votes should be received. “The Constitution thus envisions a system in which receipt of votes is necessarily divorced from voting,” Barrett added.
This story is breaking and will be updated.