Supreme Court Rules Mail-In Ballots Can Be Counted After Election Day
Elections
Supreme Court Rules Mail-In Ballots Can Be Counted After Election Day
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Anthony Iafrate
Associate Editor
June 29, 2026
10:20 AM ET
June 29, 2026 10:20 AM ET
Anthony Iafrate
Associate Editor
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The Supreme Court ruled Monday that federal law allows states to count non-military mail-in ballots received after Election Day.
In a 5-4 ruling written by Trump-appointed Justice Amy Coney Barrett, the Court held that “federal election-day statutes” do not “preempt” Mississippi’s law allowing mail-in ballots postmarked by Election Day to count if received up to five days later. Barrett was joined by the Court’s three liberals as well as Chief Justice John Roberts.
“As we have said before, the federal election-day statutes ‘simply regulate the time of the election,'” Barrett wrote in the Court’s opinion. “By setting the day for the ‘election,’ these statutes set the day when the electorate must make its choice. It is a ‘fundamental canon of statutory construction that words generally should be interpreted as taking their ordinary meaning at the time Congress enacted the statute.'”
“The election-day statutes say nothing about ballot receipt, and we cannot add to the words Congress chose,” Barrett’s opinion concluded.
In his dissenting opinion, Justice Samuel Alito wrote that the court’s decision “is inconsistent with the terms of the election-day statutes, contemporary election-law principles, two centuries of historical practice, and the case law on the question presented.”
“It opens up and fails to resolve a host of questions for state election officials and courts,” he added. “And it creates a serious risk of further undermining public confidence in our elections and our system of self-government.”
A light rain falls outside of the U.S. Supreme Court ahead of the release of new opinions. (Photo by Chip Somodevilla/Getty Images)
Mississippi and 13 other states currently allow non-military mail-in ballots received after polls close to be tabulated as long as they are postmarked by Election Day. These states have ballot receipt deadlines ranging from the day after Election Day in Texas to three weeks after Election Day in Washington state. (RELATED: These 14 States Allow Mail-In Ballots To Count Even After Election Day — For Now)
Election Day has been recognized across the United States as the first Tuesday after the first Monday in November since Congress passed a law establishing that date in 1845.
Law professor Jonathan Turley called the 5-4 ruling in favor of Mississippi’s law a “surprise,” in a post to X shortly after the decision dropped.
He added that it is a “Significant win for the Democrats in states like California,” a universal mail-in voting state that allows ballots received up to one week after Election Day to count.
…Barrett and Roberts go with the liberal justices. Kavanaugh joins dissent in part…
— Jonathan Turley (@JonathanTurley) June 29, 2026
A March poll conducted by CRC Research for the Honest Elections Project (HEP) found that 83% of U.S. likely voters agree that mail-in ballots should not be received after Election Day. Moreover, 78% of all voters including 68% of Democrats polled indicated that setting Election Day as the deadline for mail-in ballots “makes elections more secure.”
“Today’s ruling from the Supreme Court is deeply disappointing and misses the mark,” Jason Snead, Executive Director of HEP Action told the Daily Caller News Foundation in a statement. “Federal law is clear: all ballots must be received by Election Day to be counted. The Court missed a major opportunity to reinforce election integrity and instead sides with California-style chaos.”“As Justice Alito makes clear in his dissent, watching ballots trickle in after Election Day and flip races does nothing but damage public trust in our system of government,” Snead added. “Honest Elections Project will continue to fight cross the country for state laws that put a stop to late ballots and ensure that voting ends on Election Day.”
During March oral arguments, some justices voiced skepticism about states allowing mail-in ballots to be accepted days or weeks after polls close.
“If the apparent winner the morning after the election ends up losing due to late-arriving ballots, charges of a rigged election could explode,” Justice Brett Kavanaugh said.
“If I have nothing more to look at than the phrase ‘Election Day,’ I think, this is the day in which everything is going to take place,” Justice Samuel Alito said during oral arguments, noting that Election Day, Labor Day and Memorial Day are “all particular days.”
Kavanaugh joined Alito’s dissent in part.
The ruling comes as President Donald Trump is pushing for the Republican-controlled U.S. Senate to pass the SAVE America Act, an election integrity bill that would require voter ID nationwide and proof of citizenship for voter registration.
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Badenoch blasts 'moaning' female Labour MPs over Burnham jobs 'quota'
Kemi Badenoch has told Labour women to earn a job in Andy Burnham's Cabinet instead of demanding they are handed jobs because of their gender.
The Tory leader lashed out today amid reports that female MPs are demanding the de-facto new prime minister introduce a 50:50 gender split 'quota' in his government.
Amid reports that former foreign secretary David Miliband is being lined up to return to the role, possibly with his brother Ed as Chancellor, one female minister also complained that Burnham could not have 'more Milibands than women' in the top posts.
But in a scathing article in the Times today Mrs Badenoch told them to 'stop moaning' and get chosen on merit instead of retreating into 'more of the failed identity politics that is holding back our country'.
'There are many, many reasons why you shouldn't have any Milibands in the cabinet,' she said.
'But complaining that the boys haven't given them the right jobs or that the boys are taking all the jobs, just shows that Labour's women still don't get it.'
The idea of quotas was also attacked by Baroness Jacqui Smith, Labour's Skills Minister.
Asked by Times Radio if Mr Burnham should reserve jobs for women, she said: 'No, I think what Andy Burnham should be doing is building the very best team around him to change this country.'
A letter written by the Women's Parliamentary Labour Party has called on Mr Burnham to ensure a 50:50 split between men and women in government jobs
Amid reports that former foreign secretary David Miliband (above, right, in 2010) is being lined up to return to the role, possibly with his brother Ed as Chancellor, one female minister complained that Burnham could not have 'more Milibands than women' in the top posts
But Mrs Badenoch told them to pipe down and get chosen on merit instead of retreating into 'more of the failed identity politics that is holding back our country'
A letter written by the Women's Parliamentary Labour Party and seen by the BBC has called on Mr Burnham to ensure a 50:50 split between men and women in government jobs after he succeeds Sir Keir Starmer.
'We are asking you to demonstrate this change from day one and address the toxicity and misogyny within our own party and government,' it said.
Labour has never had a female leader, while the Conservatives have had three, and Mrs Badenoch urged the government to follow its meritocratic example.
'If you run a meritocracy, then you do not have to worry about jobs for the boys,' she wrote.
'Every woman who is a Conservative MP, every woman who has ever won the leadership, has had to fight to get where she is.
'By contrast, Labour women are demanding guarantees from Burnham. But the truth is he doesn't have to give any guarantees.
'If none of Labour's women are prepared to get their hands dirty and challenge him for the leadership, their demands are toothless.'
'In fact, it's quite revealing that the women's parliamentary Labour Party has written to Burnham asking him to commit himself to at least 50 per cent female ministers.
'This has nothing to do with meritocracy. It is yet more of the failed identity politics that is holding back our country.'
