(The Center Square) – The days of waiting until the last minute to turn in your election ballot may be numbered.
The U.S. Supreme Court heard a case Monday concerning a Mississippi law that allows mail-in ballots to be counted as long as they are postmarked by election day. The state law specifically says ballots can be tallied so long as they are received within five business days of the election.
In Washington state, the law allows for the counting of ballots — so long as they are mailed by election day — right up until certification.
“Washington state is a massive outlier in this,” said Washington Republican Party Chair Jim Walsh of Aberdeen in an interview Tuesday with The Center Square. “Many states say the mail-in ballots have to be received by the auditor or the election office by election day, and that’s the safest and most transparent way to treat mail-in voting.”
Walsh explained that most states that allow mail-in ballots to be counted after election day, so long as they have an election day postmark, put a time limit of a few days.
“Washington state allows those ballots to be counted until the election is certified,” he said. “That’s 21 days normally after election day. That’s outrageous. Washington state is reckless and extreme in its position on that.”
As reported by SCOTUSBLOG, “after just over two hours of oral argument in Watson v. Republican National Committee, a majority of justices seemed to agree with the challengers – which included the Republican Party of Mississippi and the Libertarian Party of Mississippi – that the Mississippi law conflicts with federal laws that set the Tuesday after the first Monday in November as the Election Day.
During oral arguments, justices debated whether federal election-day statutes supersede varying state laws.
Some high court members appeared largely sympathetic to the arguments made by U.S. Solicitor General D. John Sauer, on behalf of the Trump administration, who said the Mississippi law and laws in other states that allow late-arriving ballots, could erode voter confidence in results.
Because more than a dozen states have similar laws, the court’s ruling – which is expected by late June or early July – could have significant implications for federal elections, beginning as soon as November. If the ruling goes in favor of the challengers will mean significant changes for Washington elections.
Washington Secretary of State Steve Hobbs spokeswoman said mail-in ballots help increase turnout and are secure.
“Washington’s vote-by-mail elections reflect decades of secure and accurate elections, removing barriers to citizens who want to participate in our democratic process,” wrote SOS Communications Director Stefanie Randolph via email to The Center Square. “In 2024, approximately 127,000 voters cast a ballot that was postmarked on or before Election Day but received after Election Day. In Washington, those votes are counted.”
Randolph wrote that the office recommends voters use a drop box or a voting center in the days leading up to an election to ensure their vote is counted, but added they’ll be ready to inform voters of the change if the Supreme Court rules in favor of the challengers.
“If the Supreme Court decision does enforce a total ban on ballots received after Election Day, we would increase existing efforts to ensure voters understand their options, she wrote.
Washington State Democratic Party Chair Shasti Conrad contends the decision on how to count ballots should be left up to the individual states.
“The U.S. Constitution is clear that states have great discretion to run their own elections barring federal legislation,” Conrad wrote in an email to The Center Square. “The MAGA Conservative Supreme Court putting their fingers on the scale mere months before elections are to be held will cause chaos, disenfranchise voters, and cost millions of dollars that states don’t have.”
She added that Washington’s vote by mail system has worked “flawlessly for decades.”
“Our elections system is the best in the country,” she wrote. “It is safe, secure, and convenient. Republicans in D.C. and our state are desperately seeking any levers they can pull to remain in power because they know how unpopular their policies and party are right now. If anything, a ruling ending collecting ballots postmarked by Election Day will spark a greater backlash against the Trump-Vance administration.”
