Writing for the majority, Justice Amy Coney Barrett rejected that argument, concluding that federal law does not expressly prohibit states from accepting ballots that arrive after Election Day.
“A Mississippi law permits the counting of absentee ballots postmarked by election day but received up to five days later. We must decide whether the federal election-day statutes preempt Mississippi’s law. They do not,” Amy Coney Barrett wrote.
Barrett explained that Congress never specified when absentee ballots must physically arrive in order to be counted, leaving states with flexibility to establish their own procedures.
“The election-day statutes say nothing about ballot receipt, and we cannot add to the words Congress chose,” Barrett wrote in the majority opinion.
Chief Justice John Roberts joined Barrett’s opinion, siding with the Court’s three liberal justices to form the five-member majority. The decision disappointed many conservatives who have long argued that extending ballot counting beyond Election Day undermines public confidence in election results.
Barrett also pointed to the nation’s history of absentee voting, noting that ballot deadlines have not always been handled the same way throughout American history.
“Due dates for absentee ballots have shifted over time. During the Civil War, States that allowed absentee voting imposed an election-day deadline for ballot receipt,” Coney Barrett said.
The ruling follows months of debate over election procedures, particularly the handling of mail-in ballots after Election Day. Republicans have repeatedly raised concerns that lengthy ballot counting periods create uncertainty and weaken voter trust, while supporters of extended deadlines argue they protect the votes of citizens whose ballots were mailed on time.
Earlier this year, during oral arguments in the case, Justice Samuel Alito openly questioned whether the plain meaning of “Election Day” leaves room for counting ballots that continue arriving days after voting officially ends.
“We have lots of phrases that involve two words, the second of which is ‘day.’ Labor Day, Memorial Day, George Washington’s birthday, Independence Day, birthday, and Election Day,” Alito said.
“They are all particular days. So if we start with that, if I have nothing more to look at than the phrase ‘Election Day,’ I think this is the day in which everything is going to take place,” Alito added.
Alito’s comments reflected concerns frequently voiced by conservatives who believe Election Day should represent a firm deadline for both voting and ballot counting. His remarks drew significant attention because they suggested skepticism toward the argument that ballots arriving days later still satisfy federal election law.
During those same oral arguments, both Chief Justice Roberts and Justice Barrett appeared unconvinced by the challengers’ legal position, signaling that the Court could ultimately uphold Mississippi’s law. Monday’s decision confirmed those expectations, with Roberts joining Barrett in the majority despite strong opposition from the Court’s conservative dissenters.
The ruling is expected to influence future election litigation nationwide, particularly in states that permit absentee ballots to arrive after Election Day if they are postmarked on time. While supporters argue the decision preserves state authority over election administration, critics contend it leaves unresolved concerns about delayed vote counting and election integrity—an issue that is likely to remain at the center of political and legal battles in the years ahead.
