The U.S. Supreme Court signaled skepticism Monday toward state laws that allow mail-in ballots to be counted if they arrive after Election Day, raising questions that could affect voting procedures in more than a dozen states — including Kansas, which recently moved in the opposite direction by eliminating its own grace period for late-arriving ballots.
During more than two hours of oral arguments, several members of the court’s conservative majority challenged a Mississippi law that allows mailed ballots to be counted if they arrive within five days after Election Day, as long as they are postmarked by Election Day.
The case centers on whether federal law establishing a national Election Day requires that ballots not only be cast by that day, but also received by election officials.
Several conservative justices suggested that allowing ballots to arrive after Election Day could conflict with federal law and potentially undermine public confidence in election results.
Justice Brett Kavanaugh raised concerns that counting ballots days after Election Day could create suspicion or confusion if the outcome of a race changes after late-arriving ballots are tallied.
Justice Clarence Thomas also raised questions about how far such policies could extend. His line of questioning suggested that if states allow ballots to arrive days after Election Day, it might open the door to broader interpretations of when ballots are considered legally cast.
Some conservative justices also focused on the possibility that voters might attempt to “recall” or change a ballot they already mailed, although election officials generally say safeguards exist to prevent that from happening.
At one point, Justice Amy Coney Barrett, who has sometimes been viewed as a potential swing vote on the court, engaged in questioning that appeared sympathetic to the arguments challenging Mississippi’s policy.
Liberal justices on the court pushed back, arguing that states have long been responsible for setting their own election procedures and that the Mississippi law simply accommodates the realities of mail delivery.
Justice Ketanji Brown Jackson argued that federal law sets Election Day as the deadline for casting ballots, not necessarily the deadline for when those ballots must arrive at election offices. She suggested that states should retain flexibility in administering elections and accommodating voters who rely on the mail.
The case is part of a broader legal and political battle over mail-in voting. Mail ballots became far more common during the Covid-19 pandemic as states expanded absentee voting options to make it easier for people to vote without going to polling places.
Currently, 14 states and Washington, D.C., allow ballots to be counted if they arrive after Election Day, provided they were mailed by Election Day. Other states — including key presidential battlegrounds such as Michigan, Pennsylvania and Wisconsin — require ballots to be received by Election Day in order to be counted.
In 2026, Kansas joined the latter group when the Republican-controlled Kansas Legislature voted to eliminate the state’s three-day grace period for mail ballots. Under the new law, ballots must arrive at election offices by 7 p.m. on Election Day to be counted beginning with the 2026 elections.
In past elections, Kansas allowed ballots to be counted if they were postmarked by Election Day but arrived up to three days later. Lawmakers originally adopted that grace period in 2017 with bipartisan support after concerns that slow mail delivery in rural areas was preventing some votes from being counted.
Gov. Laura Kelly vetoed the legislation ending the grace period, but lawmakers overrode her veto. The Kansas House voted 84-41 — the minimum needed for an override — while several Republicans joined Democrats in opposition.
Republicans backing the change argued that eliminating the grace period would help restore public confidence in election results.
“Voter confidence that the result of our elections reflect their will, that every vote is counted, lies at the very heart of our form of government and our way of life,” said Rep. Pat Proctor, a Fort Leavenworth Republican, when the bill was sent to the governor.
Democrats argued the move could disenfranchise voters, particularly in rural parts of the state where mail delivery can take longer.
A decision from the Supreme Court case is expected by July and could further shape how states handle mail ballots ahead of future federal elections.