Supreme Court Allows Counting of Late Mail-In Ballots

On a 5-4 decision, the U.S. Supreme Court ruled that mail-in ballots can be counted if they are postmarked by Election Day and arrive within five days after.

This ruling is significant as it counters efforts by President Donald Trump, who sought to limit mail voting ahead of the November midterm elections, claiming without evidence that delays in counting votes could lead to electoral fraud. Chief Justice John Roberts and Justice Amy Coney Barrett joined the three liberal justices—Elena Kagan, Sonia Sotomayor, and Ketanji Brown Jackson—in the majority.

Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh dissented. The ruling allows 30 states to continue their practices of providing a grace period for late-arriving ballots.

Trump had previously criticized California's practice of counting ballots received after Election Day and signed an executive order to limit mail voting, which was blocked by federal judges.