Supreme Court Upholds States' Authority to Count Timely Mailed Ballots Received After Election Day

By Tia Turner, Project Manager, Our Homes, Our Votes 

On June 29, the U.S. Supreme Court issued a 5-4 decision in Watson v. Republican National Committee, upholding Mississippi's law allowing mail-in ballots postmarked by Election Day to be counted if they are received within five business days after the election. The decision reverses a ruling by the Fifth Circuit Court of Appeals and affirms that states retain the authority to establish ballot receipt deadlines for timely cast absentee ballots. 

The case centered on whether federal law requiring a uniform Election Day also requires election officials to receive all absentee ballots by that day. Writing for the majority, Justice Amy Coney Barrett concluded that while federal law establishes when voters must cast their ballots, it does not require ballots to be received by Election Day. The Court held that states may continue to count ballots mailed on time under state-established grace periods. 

The ruling preserves longstanding absentee ballot receipt laws in Mississippi and maintains similar policies in approximately 30 states and the District of Columbia that allow at least some ballots postmarked by Election Day to be counted after Election Day. Voting rights organizations noted that these laws help ensure eligible voters are not disenfranchised because of postal delays outside of their control, particularly older adults, rural voters, military and overseas voters, voters with disabilities, and others who rely on absentee voting. 

For advocates working to expand civic participation, the Court's decision represents an important victory for voters by preserving states' ability to count timely mailed ballots and protecting access to absentee voting for millions of eligible Americans. For many low-income renters, older adults, voters with disabilities, rural communities, and individuals with inflexible work schedules, mail voting can provide a critical pathway to participating in elections. Ensuring these ballots are counted helps remove unnecessary barriers to the ballot box and strengthens a more inclusive democracy.  

Housing justice and democracy are deeply interconnected. Decisions about affordable housing, tenant protections, and investments in our communities are made by elected leaders, making equitable access to the ballot essential for ensuring low-income renters have a voice in the policies that shape their lives. NLIHC’s Our Homes, Our Votes nonpartisan campaign will continue advancing nonpartisan civic engagement efforts that empower renters and strengthen democratic participation nationwide. 

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The next Our Homes, Our Votes webinar, “What’s Next for Housing Advocates After Louisiana v. Callais,” will provide concrete, practical voter outreach strategies following the United States Supreme Court’s ruling. The webinar will take place on Monday, July 13, at 3:00 pm ET. Register here. 

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