WASHINGTON (AP) — supreme court On Monday, they agreed to decide whether states can continue counting late-arriving mail-in ballots, a goal of the president. donald trump.
The justices took up an appeal from Mississippi after a three-judge panel on the 5th U.S. Circuit Court of Appeals, appointed by a Republican president, ruled last year that state law allows ballots received shortly after Election Day to be counted. violated federal law.
According to the National Conference of State Legislatures, Mississippi is one of 18 states and the District of Columbia that will accept mail-in ballots received after Election Day as long as they are postmarked on that day.
The list includes battleground states like Nevada, as well as states that rely heavily on mail-in voting, including Colorado, Oregon and Utah.
An additional 14 states have allowed the counting of late-arriving ballots from some voters, including U.S. service members and their families overseas, according to a filing from Democratic-led states asking the justices to overturn the appeals court ruling.
The case is expected to be argued in late winter or early spring. A final ruling will almost certainly be handed down by late June, early enough to decide on vote counting for the 2026 midterm parliamentary elections.
Mississippi Attorney General Lynn Fitch (R) told the Supreme Court that the appellate decision, if left untouched, “will have a destabilizing effect nationally.”
“The stakes are high: votes cast by Election Day and received afterward could sway a close race and change the course of the country,” Fitch wrote.
President Trump has argued that late arrival of ballots and prolonged counting of electors undermines confidence in the election. The Republican president signed it in March. Executive Order Regarding Elections The bill aims to require votes to be “cast and received” by Election Day. This order is being challenged in court.
The Republican National Committee and the Mississippi Freedom Party led the challenge to the Mississippi law. A federal judge rejected a similar challenge to Nevada’s law, but that decision is being appealed.
The Supreme Court is separately considering reopening a lawsuit filed by a member of the House of Representatives. mike bostRepublican of Illinois, is backed by the Trump administration in challenging Illinois’ ballot receipt law. The question is whether lawmakers have the legal right to sue.
Some Republican-led states, including Kansas and North Dakota, have taken steps to stop counting late-arriving ballots. In Ohio, Republican lawmakers are pushing a bill that would require voters to receive their ballots by Election Day and are closing mail-in voting windows. The bill passed the state Senate.
In the Mississippi case, Justice Andrew Oldham wrote for the appellate panel that Congress established a “unique” election date for members of Congress and presidential electors, and that “both the votes cast by voters and those cast by state officials must be cast.” Justices James Ho and Stuart Kyle Duncan joined Oldham’s opinion invalidating the Mississippi law.
The ruling overturned a ruling by U.S. District Judge Luis Guirola Jr., who found there was no conflict between state and federal law. “The only thing that will happen after Election Day is the delivery and counting of votes cast on or before Election Day,” Guirola, an appointee of Republican President George W. Bush, wrote.
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