You Vote: With SCOTUS decision on late-arriving ballots and Speaker Johnson's warning, what now?

The implications of the case are fairly narrow, as the case only determined that federal law did not bar states from tabulating ballots received after election day but postmarked by it.

Published: June 29, 2026 8:08pm

The Supreme Court on Monday ruled that federal election law did not overrule state laws permitting election authorities to count ballots postmarked by Election Day, but received days later.

"Three federal statutes set the day for the election of Representatives, Senators, and the President. A Mississippi law permits the counting of absentee ballots postmarked by election day but received up to five days later," wrote Associate Justice Amy Coney Barrett. "We must decide whether the federal election-day statutes preempt Mississippi’s law. They do not."

The 5-4 decision saw Chief Justice John Roberts and Associate Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson join with Barrett.

The implications of the case are fairly narrow, as the case only determined that federal law did not bar states from tabulating ballots received after election day but postmarked by it. 

Also, House Speaker Mike Johnson warned his colleagues at the Capitol on Monday against attempting to hold up the chamber's agenda in hopes of getting the Senate to pass the SAVE America Act, saying that doing so would be "self-defeating."

You Vote: With SCOTUS decision on late-arriving ballots and Speaker Johnson's warning, what now?

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