Supreme Court upholds mail-in ballot grace periods in rare bipartisan ruling
The US Supreme Court ruled 6 June 29 2026 that states can accept mail-in ballots postmarked by Election Day even if they arrive days later, siding with military voters and disability advocates over Republican efforts to tighten deadlines.
In a cross-party decision on June 29, 2026, the US Supreme Court upheld state grace periods for mail-in voting, allowing ballots postmarked by Election Day to be counted even if they arrive afterwards. The ruling in Watson v. RNC preserved a status quo that has become increasingly important for overseas military personnel, voters with disabilities, and those in remote areas.
The case centred on a legal dispute over the meaning of "election day" under federal law—the Tuesday after the first Monday in November. Mississippi, which passed a law in 2020 to count mail-in ballots received within five days of Election Day if postmarked on time, faced a challenge from the Republican National Committee, the Mississippi Republican Party, the Libertarian Party of Mississippi, and several individuals. Fourteen states in total, including Washington, allow similar grace periods ranging from one day in Texas to 20 days in Washington.
Why the grace period matters
Mail-in voting advocates argue that postal service irregularities can prevent ballots from arriving by Election Day, even when sent on time. The problem is most acute for military personnel stationed overseas, people with disabilities, and those living in geographically remote areas.
"These challenges are more acute for people with disabilities and people living in remote areas or abroad," according to reporting on the case. Military voters have historically relied on absentee and mail-in ballots to participate in elections, making the outcome particularly significant for active-duty service members and veterans.
The constitutional foundation
The ruling rested on a constitutional principle: the Constitution delegates the "time, manner and place" of elections to individual states. Federal law specifies when Election Day occurs but is silent on whether ballots must be cast or counted on or by that date. Mississippi and other states leveraged this authority to adopt grace periods designed to accommodate voters who face logistical barriers.
The Supreme Court sided with the constitutional authority of states to manage their own voting procedures, even against the policy preferences of the sitting president.
The partisan divide—and what shifted it
Before 2020, Mississippi required mail ballots to arrive by 5 p.m. the day before Election Day. The COVID-19 pandemic triggered a surge in mail-in voting, prompting many states to extend deadlines. President Donald Trump, who lost the 2020 election after these laws took effect, has repeatedly challenged mail-in voting, often citing unsubstantiated fraud claims—a position that transformed voting method into a partisan flashpoint.
Despite this polarization, both liberal and conservative justices joined the majority. During oral arguments, conservative justices raised concerns that grace periods could delay election outcomes for weeks or months and questioned whether voters could cast ballots and then recall them after Election Day, potentially circumventing federal law's intent. Liberal justices, however, worried that a strict interpretation requiring votes to be received by Election Day could undermine states' efforts to expand voting access.
The fact that justices from both camps agreed on the outcome underscores the ruling's significance. It signals that even in a polarized court, the practical needs of certain voter populations—particularly military personnel—can command bipartisan support.
What happens next
The ruling preserves the current patchwork of state grace periods and effectively prevents federal courts from invalidating them on the grounds that they violate Election Day deadlines. States retain discretion over how generous their grace periods are, and the decision does not prevent future challenges on other legal grounds.