Supreme Court Seems Open To Taking Away Key Election Rule Beloved By Dems
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By Katelynn Richardson
Published on March 23, 2026.
The Supreme Court seems open to cracking down on states' ability to accept mail-in ballots that arrive late, raising concerns about who can receive ballots and how to address perceptions of fraud. The question was raised by several justices, including Justice Clarence Thomas and Justice Neil Gorsuch, who suggested that states could allow a neighbor, family member or political party operative to receive the ballots instead of the post office. The Trump administration and the Republican National Committee argue that federal statute setting election day prevents states from accepting ballots received after that day. Mississippi law allows absentee ballots to be counted up to five days after Election Day, but there is no historical evidence that federal law requires them to be received by Election Day. The court's decision on late-arriving mail ballots is not a decision for the courts to decide, but for Congress.
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