Supreme Court allows late-arriving mail-in ballots
The Supreme Court is upholding Mississippi’s rule to count mail-in ballots received within five days after Election Day, halting Trump’s attack on voting by mail.
States, including Oregon, can keep practices allowing mail-in ballots postmarked by Election Day to be received and counted days later after the U.S. Supreme Court on June 29 upheld a Mississippi state law.
Oregon accepts ballots for up to a week after Election Day, as long as they were postmarked on or before the day of the election. Mississippi’s law counts ballots received within five business days. The states are among more than a dozen, including Washington and California, with similar laws.
The 5-4 decision confirms states’ rights to count ballots postmarked by Election Day that are received within a set time period.
Justice Amy Coney Barrett authored the opinion, which was joined by Chief Justice John Roberts and Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson.
Justices Samuel Alito, Clarence Thomas, Neil Gorsuch and Brett Kavanaugh dissented.
The majority opinion argued that federal law says a voter’s decision must be made on Election Day.
“That occurs so long as election day is the deadline for individuals to vote – as it is in Mississippi,” the opinion reads. “But the election-day statutes do not set a deadline for ballot receipt, so they do not prevent Mississippi from counting ballots postmarked before election day yet received afterward.”
Oregon leaders react to U.S. Supreme Court decision on mail-in ballot counting
Oregon leaders issued statements celebrating the decision.
“Our state laws ensure that every vote counts – including mailed ballots that are postmarked by Election Day,” Attorney General Dan Rayfield said in a statement. “Those laws remain valid after today’s ruling, and Oregonians should continue to vote, make their voices heard, and be proud of our elections system.”
“The post-Election Day grace period protects thousands of Oregonians’ votes from being thrown out because of delays at the Post Office. This ruling means those legally cast ballots that arrive within 7 days of the election will be counted and those Oregonians’ voices will be heard,” Secretary of State Tobias Read said in a statement.
Gov. Tina Kotek applauded the decision, saying in part, “President Trump has been denied this attempt to try to silence voters.”
The ruling follows another election-related win for Oregon. A federal judge blocked significant portions of an executive order from President Donald Trump limiting mail-in voting. The lawsuit is one of several clashes between Oregon and the federal government over election practices.
USA TODAY contributed to this report.
Anastasia Mason covers state government for the Statesman Journal. Reach her at acmason@statesmanjournal.com or 971-208-5615.
