The Supreme Court on Monday said it will decide whether federal law prohibits states from counting mail-in ballots that arrive after Election Day.
The legal battle before the court involves Mississippi’s procedures for counting late-arriving absentee ballots, but comes as the justices are considering whether to revive a Republican congressman’s lawsuit challenging a similar law in Illinois.
The Supreme Court heard arguments in that case, brought by Rep. Michael Bost, in October, though the question before it is a procedural one.
The court fight involving Mississippi’s law, though, involves the meaning of “Election Day” and could have ramifications for the slew of states that allow for the counting of mail-in ballots that are received after the day of the election just ahead of the 2026 midterm elections.
There is a lot more wrong with mail-in voting than just that, such as proper ID, but we will take what we can get.
Pennsylvania courts had previously ruled that Democrats could keep accepting ballots days after the election, even if they weren’t dated. This happened in other swing states and Democrats “magically found” enough votes to help Biden in 2020.
Election Day means Election DAY! Stay tuned! pic.twitter.com/GBgshWWXd1
— AAGHarmeetDhillon (@AAGDhillon) November 10, 2025
