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Supreme Court Mulls Limiting Mail-in Ballots, Forcing States to Prepare for Changes

The court’s ruling could force states to reject late-arriving mail ballots for federal races, impacting military and overseas voters and requiring ballot sorting by counties.

  • On Monday, the Supreme Court expressed skepticism toward state laws allowing the counting of mail-in ballots received after Election Day, hearing arguments in a Mississippi case that could require all federal ballots to be physically received by Election Day.
  • The case centers on an 1845 federal statute establishing Election Day for federal offices as the Tuesday after the first Monday in November, with justices questioning whether states can validly accept ballots after that designated date.
  • Former Washington State Attorney General Rob McKenna warned that ballots arriving after Election Day could see federal races disqualified, though state and local votes on the same ballot would remain valid and be counted.
  • Military and overseas voters face the greatest difficulty with a hard receipt deadline, as service members deployed abroad cannot easily drop off ballots at election offices, McKenna noted.
  • The pending SAVE Act in Congress would mandate citizenship proof and a hard receipt deadline nationally, with the 2028 presidential race marking when every voter in the country would feel the full weight of such changes.
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Montana StandardMontana Standard
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Justices seem skeptical of laws on mail ballots

WASHINGTON — The Supreme Court's conservative majority on Monday sounded skeptical of state laws that allow the counting of late-arriving mail ballots.

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The Hill broke the news in Washington, United States on Saturday, March 28, 2026.
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