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Voting by Mail Faces Uncertainty Ahead of Midterms
The Supreme Court will decide if federal law preempts state ballot grace periods, affecting 46.8 million voters and potentially altering mail-in voting rules in 16 states plus D.C.
- In November the U.S. Supreme Court agreed to hear a case over whether a federal Election Day law preempts state grace‑period rules, centered on the Republican National Committee's challenge to Mississippi's ballot deadline.
- The legal debate turns on Caleb Hays, chief policy counsel at the Center for Election Confidence, saying Congress sets election dates with a receipt‑by‑Election‑Day rule, while opponents argue postmarks check fraud and question what it means to 'cast' a ballot.
- A ruling could affect 16 states and the District of Columbia and about 46.8 million voters, as nearly 18% of nationwide mail ballots weren't counted due to late receipt, U.S. Election Assistance Commission data shows.
- Ohio's Republican legislature last month passed a bill requiring all ballots be returned by polls' close, while Ohio Republican Gov. Mike DeWine hasn't said if he'll sign it and Ohio Republican Secretary of State Frank LaRose warned the Justice Department might sue if Ohio doesn't change.
- Across the United States, USPS performance is contested, with reports of missed targets last year and USPS Office of Inspector General data showing strong election-mail delivery, amid ongoing uncertainty before the midterm elections.
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Coverage Details
Total News Sources42
Leaning Left5Leaning Right4Center29Last UpdatedBias Distribution76% Center
Bias Distribution
- 76% of the sources are Center
76% Center
13%
C 76%
11%
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