The U.S. Supreme Court heard arguments today in a case from Mississippi involving the state’s law that allows the counting of mail ballots arriving at election offices after Election Day, leaving the conservative majority skeptical of the potential of voting fraud.
The court challenge could affect voters in 13 other states, including Washington, D.C., which currently have grace periods for mail-in ballots.
According to a report from The Associated Press (AP), “an additional 15 states that have more forgiving deadlines for ballots from military and overseas voters also could be impacted.”
The Mississippi law, which was passed during the COVID-19 pandemic, allows ballots to be received up to five days late if they are postmarked by Election Day, according to CNN.
The case is part of President Donald Trump’s efforts to end most mail-in balloting, which he has claimed has enabled widespread voter fraud.
Justice Samuel Alito, a justice from the conservative majority, embraced President Trump’s claims, expressing concerns about the potential of fraud in situations where “a big stash of ballots” that arrived after Election Day “radically flipped” an election.
According to CNN, Conservative Justice Brett Kavanaugh also seemed to latch on to arguments about state laws’ grace periods, suggesting that such regulations erode confidence in elections.
Mississippi Solicitor General Scott Stewart pointed out that the Trump administration and its allies involved in the challenge have failed to provide a single case of fraud that could have been produced by late mail ballots, while defending the state law.
“The people who should decide this issue are not the courts, but Congress, the states, and Congress,” Justice Sonia Sotomayor, a member of the liberal minority, said, indicating that she would uphold the post-Election Day grace periods.
A ruling is expected by late June, which allows ample time for the decision to affect the upcoming 2026 midterm congressional elections.
