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Supreme Court will decide whether states can count late-arriving mail ballots, a Trump target ahead of midterms

The Supreme Court on Monday agreed to decide whether states can continue to count late-arriving mail ballots, which have been a target of President Donald Trump. The justices took up an appeal from Mississippi after a panel of three judges nominated by the Republican president on the 5th U.S. Circuit Court of Appeals ruled last year that the state law allowing ballots that arrive shortly after Election Day to be counted violated federal law

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Janette Mike

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Supreme Court will decide whether states can count late-arriving mail ballots, a Trump target ahead of midterms

The Supreme Court agreed to decide whether states may keep counting some mail ballots that arrive after Election Day. The case comes from Mississippi, where a federal appeals court struck down a state rule that allowed ballots received shortly after Election Day to be counted if they were mailed by that date. The appeal focuses on whether that state practice conflicts with federal law setting a national Election Day for certain federal offices.

Mississippi is part of a broader group of states that allow “grace period” counting for at least some mailed ballots arriving after Election Day. Several states and groups have argued that allowing these late arrivals helps voters whose ballots can be delayed—particularly in situations such as mail timing, travel, or logistical constraints. Mississippi’s attorney general and other challengers argued that the appeals court decision has the potential to destabilize election administration and that allowing late-arriving ballots could affect close races and change outcomes.

The Supreme Court is expected to take up the dispute with arguments in the coming months, and any ruling is anticipated in time to affect election administration for upcoming federal midterm elections.

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