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Supreme Court Mulls Limiting Mail-in Ballots, Forcing States to Prepare for Changes

The court’s ruling could force states to reject late-arriving mail ballots for federal races, impacting military and overseas voters and requiring ballot sorting by counties.

  • On Monday, the Supreme Court expressed skepticism toward state laws allowing the counting of mail-in ballots received after Election Day, hearing arguments in a Mississippi case that could require all federal ballots be physically received by Election Day.
  • The case centers on an 1845 federal statute that established Election Day for federal offices as the Tuesday after the first Monday in November in every even-numbered year. Justices are now questioning whether states can validly accept ballots after that designated date.
  • Former Washington State Attorney General Rob McKenna warned that voters must change habits, as ballots arriving after Election Day might see federal races disqualified while state and local votes remain valid. McKenna said, "they'd better get it in by Election Day."
  • Military and overseas voters face the greatest difficulty with a hard receipt deadline, as service members deployed abroad cannot easily drop off ballots at local election offices. McKenna noted they cannot simply "drive down to the corner."
  • The pending SAVE Act in Congress would mandate citizenship proof and a hard receipt deadline nationally, representing a substantial shift in federal elections. The 2028 presidential race will mark the full weight of these potential changes across the country.
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Justices seem skeptical of laws on mail ballots

WASHINGTON — The Supreme Court's conservative majority on Monday sounded skeptical of state laws that allow the counting of late-arriving mail ballots.

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The Hill broke the news in Washington, United States on Saturday, March 28, 2026.
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