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Mail-in ballots after Election Day? Supreme Court to decide.

Terry Moseley, USA TODAY
Updated
2 min read

The highest court in the nation is set to rule in a case that could lead to a major shift in how mail‑in voting works across the United States.

Mail‑in voting lets eligible American voters cast a ballot without showing up at a polling place on Election Day. Instead, they receive a ballot by mail , fill it out at home and send it back.That process is now under scrutiny by the U.S. Supreme Court , which is considering a case in Mississippi that could change when mailed ballots must arrive to be counted, not just in that state, but potentially nationwide.

Pairs of election workers from different political parties open and inspect mail-in ballot envelopes containing voted ballots after they completed signature verification during processing on Election Day, Nov. 5, 2024 in Phoenix, Arizona.
Pairs of election workers from different political parties open and inspect mail-in ballot envelopes containing voted ballots after they completed signature verification during processing on Election Day, Nov. 5, 2024 in Phoenix, Arizona.

More: Trump wants to eliminate mail-in voting. But 1 in 3 voters use it

How mail‑in voting works

Mail‑in voting allows eligible voters to cast a ballot without going to a polling place on Election Day. While rules vary by state , the basic steps are similar:

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1. Check eligibility Some states let any voter cast a mail ballot. Others, like Mississippi, limit mail‑in voting to certain groups , such as older adults, people with disabilities or voters who will be away from home.

2. Request a ballotEligible voters must request a mail ballot from their state or local election office before a set deadline.

3. Receive and fill out the ballotThe ballot arrives by mail. Voters mark their choices, then sign and seal the ballot as instructed.

4. Mail it back on timeVoters return the ballot by mail. States set rules for when ballots must be postmarked and when they must be received to count.

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5. Ballots are verified and countedElection officials check signatures and other requirements before counting the ballot.

The Supreme Court case centers on whether ballots that are mailed by Election Day, but arrive afterward, should still be counted.

Mail-in ballots are dropped off from a vehicle at the Registrar of Voters on Election Day in San Diego, California, U.S., Nov. 3, 2020.
Mail-in ballots are dropped off from a vehicle at the Registrar of Voters on Election Day in San Diego, California, U.S., Nov. 3, 2020.

So, what’s the legal fight about?

Republicans, backed by President Donald Trump ’s administration, are challenging Mississippi's five‑day grace period.Their argument is simple: Federal law sets Election Day as a single, uniform date , and ballots should be received by that day, not days later.

Mississippi, meanwhile, says voters shouldn’t be penalized for mail delays as long as they send their ballot on time. A lower court sided against Mississippi, calling its law illegal. The state appealed, which is how the case landed at the Supreme Court.

Why does this matter beyond Mississippi?

Mississippi isn’t alone. About 30 states and Washington, DC accept at least some ballots that are postmarked by Election Day but arrive afterward.If the Supreme Court rules against Mississippi, states could be forced to eliminate grace periods, require ballots to arrive by Election Day and rewrite election laws ahead of future federal races.

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That would be a major shift in how mail‑in voting works across the country.

What happens next?

The Supreme Court is expected to rule by the end of June.

Reuters contributed to the reporting of this story.

This article originally appeared on USA TODAY: Why are mail-in election ballots back in the news?

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