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Voting by mail faces uncertain moment ahead of midterm elections

The Supreme Court may set a uniform Election Day receipt deadline for mail ballots, affecting 46.8 million voters and potentially ending post-Election Day counting in 16 states and D.C.

  • Last month, the U.S. Supreme Court agreed to hear Republican National Committee v. Mississippi, a case that could end ballot 'grace periods' nationwide.
  • The legal question asks whether the federal election statute defining Election Day preempts state laws allowing late-received, postmarked ballots to be counted, focusing on whether a ballot is 'cast' when mailed or received with postmarks as safeguards.
  • Election commission statistics reveal 584,463 nationwide mail ballots weren't counted, and USPS figures indicate delivery of 99.88 percent of ballots within seven days.
  • The Supreme Court's review could immediately affect 16 states and D.C., with Ohio's legislature last month passing a poll-close ballot return deadline amid DOJ pressure, and approximately 584,463 mail ballots nationwide were not counted.
  • About 46.8 million voters could be affected by changes to mail-in voting rules, and across the United States, voting by mail faces uncertainty ahead of the midterm elections next year as states including Oregon reconsider practices.
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Voting by mail faces uncertain moment ahead of midterm elections

Stateline reports that voting by mail faces uncertainty ahead of the midterm elections as states reevaluate laws and deadlines.

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stateline.org broke the news in on Tuesday, December 9, 2025.
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