WASHINGTON — The U.S. Supreme Court upheld the right for states to decide whether to count ballots postmarked before or on Election Day but received after Election Day.
Robert Weiner, the Voting Rights Project director of the Lawyers’ Committee for Civil Rights Under Law, which filed an amicus brief with other civil rights groups and is suing over the administration’s executive order on mail-in voting, issued this statement:
“Today’s ruling rejects yet another attempt to prevent eligible voters from casting their votes and having them counted. Many states understand that it is unfair to allow delays in the delivery of mail to disqualify voters who mailed their ballots before Election Day.
“Our democracy is stronger when more people, not less, can participate. Voting by mail has been an important option for Black voters because of its convenience, because it avoids the need to find transportation or the time to go in person, and because it spares Black voters from potential intimidation at polling places. This ruling affects states that will count ballots postmarked by Election Day and received within their set grace period. It is very important to check the rules in your state, which you can find at our Election Protection website: https://866ourvote.org/.
“We encourage all people voting absentee to mail their ballots early and confirm they were received. Any voters with questions can call or text the Election Protection hotline at 866-OUR-VOTE.”
As the amicus brief explains: “A study of the 2024 election found that, in 32 states, absentee voting accounted for approximately 31 percent of votes cast, with nearly 2 million Black voters, nearly 3 million Asian voters, and over 4 million Hispanic voters in those states relying on mail-in voting to participate in the election.”
The states and territories that permit a limited grace period to all eligible voters include Alaska, California, the District of Columbia, Illinois, Maryland, Massachusetts, Mississippi, Nevada, New Jersey, New York, Oregon, Texas, Virginia, Washington, West Virginia, Puerto Rico, Guam, and the U.S. Virgin Islands. There are 29 states that accept some military and overseas ballots received after Election Day.
