Postal votes count if they were postmarked by election day at the latest
The Supreme Court has ruled that states can still count absentee votes even if they arrive after Election Day, as long as they are postmarked no later than Election Day. The judges thereby overturned a ruling by an appeals court that had declared a corresponding regulation in the state of Mississippi to be incompatible with federal law.
The majority of the court ruled that although federal law sets the election day for federal elections, this does not mean that postal votes must be received by the election authorities by this day. What is important is that the vote is cast no later than election day. The states themselves could determine until when postal votes sent in a timely manner can still be taken into account.
In Mississippi, absentee ballots may be received up to five business days after the election if they are postmarked no later than Election Day. According to the court, a similar regulation applies in about 30 states. The decision comes a few months before the congressional elections, the so-called midterm elections, in a debate about US voting rights. President Donald Trump has long pushed for stricter rules for postal voting and voter registration, but key parts of his executive orders have been blocked by federal courts.
