Carol Platt Liebau: The Supreme Court Takes Up Mail-In Ballot Case

Tuesday, November 18, 2025

With mail-in voting on the rise – and elections more hotly contested than ever – the Supreme Court has stepped in. The justices will decide if states can count mail-in ballots that arrive after Election Day, so long as they’re postmarked by it.

Federal law sets a single Election Day. But eighteen states – including Mississippi – still accept ballots that come later.

The Republican National Committee argues Mississippi’s law conflicts with federal law, which requires ballots to be both cast and received by Election Day. The Fifth Circuit Court of Appeals agreed.

Mississippi’s GOP officials defend their law, warning that striking it down would create chaos. But late-arriving ballots risk can erode public trust – especially when they flip the apparent outcome after Election Day.

In a time when confidence in our elections is already fragile, the Court’s decision will matter.

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