The U.S. Supreme Court declined to intervene in a legal challenge regarding Mississippi’s mail-in ballot laws, effectively leaving in place a state policy that requires ballots to be received by election officials by Election Day. The court’s refusal to hear the appeal on October 7, 2024, maintains the current rules for the upcoming federal election, rejecting a push to allow ballots postmarked by Election Day to be counted if they arrive within a few days afterward.
Why the Supreme Court declined the appeal
The Supreme Court did not provide a written explanation for its decision to deny the petition, which is standard practice for the court’s "shadow docket." By denying the petition, the justices left intact a ruling from the U.S. Court of Appeals for the Fifth Circuit. That lower court had previously concluded that federal law does not preempt Mississippi’s requirement that ballots must be in the hands of local election officials by the time polls close on Election Day.
The plaintiffs, a group including the Mississippi State Conference of the NAACP and individual voters, argued that the state’s "receipt deadline" creates an unconstitutional burden on voters. They contended that because of potential delays in the U.S. Postal Service, voters who cast their ballots in good faith before the deadline might be disenfranchised if their mail does not arrive on time.
How Mississippi’s law compares to other states
Mississippi is one of several states that enforce a strict receipt deadline for mail-in ballots. According to the National Conference of State Legislatures, most states require ballots to be received by the close of polls on Election Day. However, a minority of states—including California, Illinois, and New York—allow ballots to be counted if they are postmarked by Election Day and arrive within a specified grace period, often lasting several days.
The legal dispute centered on whether federal statutes, which set a uniform Election Day, implicitly forbid states from requiring ballots to be received by that date. The Fifth Circuit’s decision, which the Supreme Court declined to disturb, affirmed that states retain the authority to set their own ballot-receipt deadlines under the current interpretation of federal election law.
What this means for Mississippi voters
For the 2024 general election, Mississippi voters planning to use mail-in ballots must ensure their ballots reach their county registrar’s office by 7:00 p.m. on November 5, 2024. Postmarks do not count toward this deadline.
- Deadline: Ballots must be physically received by the registrar by the close of polls.
- Recommendation: Election officials advise voters to mail their ballots at least one week before Election Day or utilize secure drop boxes if provided by their local jurisdiction to account for potential mail transit times.
- Verification: Voters can track their ballot status through the Mississippi Secretary of State’s website to ensure their vote has been received and processed.
The Supreme Court’s inaction ensures that there will be no federal mandate requiring states to extend their deadlines for the current election cycle, preserving the status quo for Mississippi’s electoral process.