CHICAGO (WLS) — In a significant ruling, the U.S. Supreme Court has decided to uphold state autonomy in determining rules for counting mail-in ballots. This comes after a challenge backed by former President Donald Trump was brought into question ahead of the midterm elections.
The court delivered its verdict through a narrow 5-4 decision. It supported a Mississippi law that allows election officials to count mail-in votes arriving post-Election Day, provided they conform to state prerequisites. The justices clarified that federal legislation does not specify a deadline for tabulating ballots.
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State policies on mail-in voting vary significantly. In Illinois, ballots are accepted as long as they bear a postmark by Election Day and are received within a 14-day timeframe. Conversely, Mississippi permits a five-day grace period. Notably, Mississippi’s policy was contested by Republicans, who argued that only ballots received by Election Day should be counted.
“The contention was that a federal statute set a hard deadline, but the court ruled that it establishes a deadline by which ballots must be cast, not counted,” explained Ed Yohnka from the American Civil Liberties Union of Illinois.
This decision underscores the continuing influence of state and local authorities in governing election procedures, reaffirming their significant role in election administration.
“The important thing here is elections according (to) our constitution are functions of state and local government, not of the White House,” Yohnka said.
The ruling marks a setback for Trump, who has repeatedly claimed mail-in voting leads to election fraud.
“The ruling that a lot of people were waiting for is detrimental to honest elections,” Trump said.
Despite those claims, millions of voters from both parties used mail-in ballots in the 2024 presidential election. Trump himself mailed a ballot in a recent Florida election.
Voting advocates say the method remains secure and expands access, particularly for certain groups. The League of Women Voters points to its benefits for military members, people with disabilities, elderly voters and those living in rural areas. The organization also says grace periods are necessary to account for potential postal service delays.
“It has become much, much more popular. I think it gives people the opportunity to vote when maybe other times they would not have been given the opportunity,” said Barbara Kwiatkowsky of the League of Women Voters of Illinois.
Trump is now calling on Congress to pass his proposed SAVE America Act. The measure would allow mail-in ballots for certain groups while requiring voters to provide photo identification and proof of citizenship. At this point, the proposal does not have enough support to pass in the Senate.
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