In a decision that could reshape mail-in voting rules across the nation, the U.S. Supreme Court agreed Monday to review a Mississippi law that allows ballots to be counted up to five days after Election Day, provided they were postmarked by Election Day itself. The case raises crucial questions about how far states can extend voting deadlines without conflicting with federal election laws.
The justices granted Mississippi Secretary of State Michael Watson’s petition to challenge a Fifth Circuit ruling that struck down the law, declaring it preempted by federal statutes that mandate a uniform national Election Day.
Clash Between State Flexibility and Federal Uniformity
The dispute traces back to October 2024, when a three-judge panel from the Fifth Circuit Court of Appeals ruled that Mississippi’s late-ballot rule conflicted with federal law, which requires all ballots to be received—not just postmarked—by Election Day.
Citing Justice Brett Kavanaugh’s 2020 opinion on voting deadlines, the Fifth Circuit wrote, “To state the obvious, a state cannot conduct an election without deadlines. A deadline is not unconstitutional merely because of voters’ own failures to take timely steps to ensure their franchise.”
The case now before the high court could determine whether states like Mississippi have the constitutional authority to adopt more lenient mail-in ballot rules in the name of voter access—or whether federal law demands a stricter standard of uniformity.
