WASHINGTON, D.C. — The Supreme Court will hear arguments on March 23, 2026, at 10 a.m. EDT in a case challenging state laws that allow mail-in ballots received after Election Day to be counted. The Republican National Committee and the Libertarian Party of Mississippi filed a lawsuit against Mississippi Secretary of State Michael Watson arguing that federal Election Day statutes envision a single day for casting ballots.

Fourteen states allow mail-in voters a grace period ranging from one day to several weeks for ballots to be received and counted. Mississippi's grace period for receiving mail ballots is five days. All 50 states require ballots to be cast or postmarked on or before Election Day. The 14 states with grace periods for regular ballots accept and count mailed ballots for periods ranging from one day after the election in Texas to 21 days after in Washington state.

Twenty-nine states allow extra time for at least some mail voters, including those casting military and overseas ballots.

In court filings, a group of state and big-city election officials argued that ending mail ballot grace periods suddenly in states where voters have counted on them could cause confusion and disenfranchisement. Stuart Holmes, Director of Elections for the Washington Secretary of State's office, said 127,000 ballots were received after Election Day in 2024.

"It might as well have never been received," Holmes said. "There's no way to resolve that issue. There's no second chance."

Ohio state Sen. Theresa Gavarone said, "Election Day is Election Day for a reason. Allowing ballots to be delivered days after the election does nothing but hurt the integrity and credibility of our elections."

The Constitution gives states the authority to set the "times, places and manner" of elections. If the Supreme Court strikes down mail ballot grace period laws, states will need to adjust election processes in the months before absentee ballots are sent out for the midterm elections on November 3, 2026.

Several states have already changed their laws in 2025. Ohio, Kansas, North Dakota, and Utah eliminated mail ballot grace periods. Minnesota shortened its ballot deadline from the close of polls on Election Day to 5 p.m.

In December, the U.S. Postal Service enacted a policy stating that postmarks may indicate the date a mail piece was handled at a processing center rather than the date it was first received. According to a group of U.S. senators, U.S. Postal Service processing center consolidations can place processing centers farther from some communities.

President Donald Trump sought to "STOP THE COUNT" after the 2020 election. Trump and his allies argue that counting ballots after Election Day delays results and leads to suspicions about vote tallies.