On Monday, June 29, the United States Supreme Court ruled in favor of accepting mailed-in ballots received after Election Day, upholding Washington’s current voting law.
The 5-4 ruling maintains the state’s acceptance deadline, allowing county elections offices to accept ballots that are postmarked by Election Day and received within five days of Election Day. The decision comes fourth months ahead of the 2026 midterm elections.
“The ruling upholds our longstanding ballot return rules, which support accessible and fair elections,” Secretary of State Steve Hobbs said in a Monday press release. “Washington’s ballot return deadline means that the thousands of voters whose ballots are postmarked on time but received after Election Day still have their voices heard.”
The majority decision, spearheaded by Justice Amy Coney Barrett, asserted that federal law requires the voter’s choice to be made by Election Day but does not set a deadline for ballot receipt. The dissenting opinion, led by Justice Samuel Alito, argued that Election Day means completing the ballot collection process on that day.
Washington is one of the 18 states and U.S. territories that allow for a grace period in voting elections. The ruling means those states do not have to change voting laws ahead of the midterms, with the general election set on Nov. 3.
The case originated in Mississippi where the Republican National Committee and the Mississippi Republican Party went to federal court to challenge the state’s post-election deadline that was originally set during the COVID-19 pandemic.
Hobbs emphasized that voters should still continue submitting their ballots a week before Election Day to ensure they are received on time. All ballots dropped off at a designated drop box before 8 p.m. on Election Day will be counted.
For more information about upcoming elections and where to find the nearest drop off box, visit https://www.sos.wa.gov/elections.
