High Court Weighs Limits On Mail Ballots As Election Debate Intensifies

By: Mark Sherman | Colorado Politics

WASHINGTON • The Supreme Court ‘s conservative majority on Monday sounded skeptical of state laws that allow the counting of late-arriving mail ballots.

The court heard arguments in a case from Mississippi that also could affect voters in 13 other states and the District of Columbia, which have grace periods for ballots cast by mail. An additional 15 states that have more forgiving deadlines for ballots from military and overseas voters also could be impacted.

Colorado already requires mail ballots to be received at county clerks’ offices by the time polling locations close on Election Day, although Colorado and the majority of states allow certain military and overseas ballots to be accepted after polls close.

A ruling is expected by late June, early enough to govern the counting of ballots in the 2026 midterm congressional elections.

The court challenge is part of President Donald Trump’s broader criticism of most mail balloting, which he has said breeds fraud. Officials from states with mail balloting have insisted that the system is secure.

During the arguments, Justice Samuel Alito wondered about the appearance of fraud in situations where “a big stash of ballots” that arrive late “radically flipped” an election.

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