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Supreme Court skeptical of states receiving mail-in ballots past Election Day

Supreme Court,Mail-In Voting,2026 Midterm Elections

From the Right

Several Supreme Court justices expressed skepticism Monday about states that allow ballots to be received and counted days after Election Day, though they worried about where to draw the line and whether tossing out late-arriving ballots also would eliminate early voting.

The justices grappled with the morass that has become voting, with some states allowing ballots to be cast six weeks or more before Election Day and others allowing them to be received weeks afterward.

In the specific case before the justices, ballots in Mississippi can be counted if received up to five days after Election Day, as long as they were mailed or sent by a "common carrier," such as FedEx, by Election Day.

Opponents said that violates the idea that an election is "consummated" on Election Day.

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