WASHINGTON (TNND) — The U.S. Supreme Court on Monday heard arguments for a case about whether the federal law bans states from counting mail-in ballots that are postmarked by Election Day, but don’t arrive until later.
The case is titled Watson V. RNC, and it is in relation to Mississippi’s deadline for mail-in ballots and if similar measures in other states conflict with federal statutes, according to CBS News.
President Donald Trump has tried to get mail-in voting to stop with some exceptions and the decision will likely come from the court before the 2026 midterms.
Conservative Justices Samuel Alito and Clarence Thomas seemed skeptical of state laws determining the fate of ballots that don’t arrive on time.
The liberal justices defended the measures, arguing for the rights of the states.
Justice Elena Kagan pressed the attorneys representing the Republican National Convention about voter qualification concerns.
“Once we go down this road, once we say that these statutes that don’t say anything actually have some significant preemptive effect, where are we going to end up?” she asked during her questioning.
All 50 states mandate that ballots have to be submitted and marked by Election Day, but 14 states have a grace period, allowing the ballots to be counted the day after they arrive.
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Military and overseas ballots can be counted if they are received after Election Day.