The U.S. Supreme Court heard oral arguments last month in a case that could lead to a nationwide requirement for all mail ballots to be received by Election Day in order to be counted, according to an April 2 article from the R Street Institute. Currently, most states already require mail ballots to arrive by Election Day, but 14 states allow late-arriving ballots as long as they are postmarked on or before Election Day.
This issue is significant because it could impact how quickly election results are reported and affect voter participation. In the case before the Court, Watson v. Republican National Committee, the Republican National Committee and Libertarian Party of Mississippi challenged Mississippi’s law permitting late-arriving ballots with valid postmarks, arguing that it conflicts with federal definitions of “Election Day.” If the Supreme Court strikes down this law, other states with similar policies may need to change their deadlines before the 2026 midterm elections.
The article notes that an Election Day receipt deadline can reduce reporting delays and uncertainty for election officials. “Allowing ballots to arrive after Election Day introduces ambiguity into the ballot counting process during the critical time between the close of polls and the certification of results,” said Chris McIsaac, Resident Fellow at R Street Institute. He also points out that while this policy does not eliminate all risks of delay or misinformation about election outcomes, it removes one major variable.
Concerns remain about whether stricter deadlines might increase rejected ballots due to postal delays or emergencies beyond voters’ control. However, data from the U.S. Election Assistance Commission show that in 2024 only about 0.5 percent of mail-in ballots were rejected for arriving late in states with an Election Day receipt deadline—roughly 100,000 out of nearly 20 million returned.
McIsaac said voters tend to adjust their behavior based on local laws: “In states that require ballots to arrive by Election Day, the vast majority of voters find a way to submit their ballots on time.” He added that if changes are required quickly following a Supreme Court decision this summer, election officials will need proactive communication efforts ahead of upcoming elections.
Looking forward, McIsaac concludes: “While the tight turnaround could lead to a bumpy transition, Election Day ballot receipt deadlines are the right policy over the long term to reduce risk of reporting delays and build trust in American elections.”
