Supreme Court sounds skeptical of late-arriving ballots, a Trump target

WASHINGTON (AP) — The Supreme Court 's blimpish bulk connected Monday sounded skeptical of authorities laws that let the counting of late-arriving message ballots, a persistent people of President Donald Trump.

A ruling, apt to travel by precocious June, that bars counting ballots arriving aft Election Day would nonstop officials scrambling successful 14 states and the District of Columbia, conscionable a fewer months earlier the 2026 midterm legislature elections to alteration their ballot rules.

An further 15 states that person much forgiving deadlines for ballots from subject and overseas voters besides could beryllium affected.

The ineligible situation is portion of Trump’s broader onslaught connected astir message balloting, which helium has said breeds fraud contempt beardown grounds to the contrary and years of acquisition successful galore states. Trump has repeatedly claimed that his nonaccomplishment to Joe Biden successful 2020 resulted from fraud adjacent though much than 60 tribunal decisions and his ain lawyer wide said that statement had nary merit.

The tribunal heard arguments successful a lawsuit from Mississippi pitting the authorities against Trump's Republican medication and the Republican and Libertarian parties. At contented is whether national instrumentality sets a azygous Election Day that requires ballots to beryllium some formed by voters and received by authorities officials.

While determination was nary explicit notation to the 2020 election, respective blimpish justices gave dependable to immoderate of Trump's complaints. Justice Samuel Alito wondered astir the quality of fraud successful situations wherever “a large stash of ballots” that get precocious “radically flipped” an election.

Defending the authorities law, Mississippi Solicitor General Scott Stewart pointed retired that the Trump medication and its allies successful the lawsuit person yet to taxable a azygous lawsuit of fraud owed to late-arriving message ballots.

The court's wide justices indicated they would uphold authorities laws with post-Election Day deadlines.

“The radical who should determine this contented are not the courts, but Congress, the states and Congress,” Justice Sonia Sotomayor said.

Forcing states to alteration their practices conscionable a fewer months earlier the predetermination risks “confusion and disenfranchisement,” particularly successful places that person had relaxed deadlines for years, authorities and big-city predetermination officials told the tribunal successful a written filing.

California, Texas, New York and Illinois are among the states with post-Election Day deadlines. Alaska, with its immense distances and often unpredictable weather, besides counts late-arriving ballots.

Alaska elections officials said Monday they are preparing for the autumn elections nether existing law. "If a ruling requires operational changes, we volition enactment done those successful coordination with the due authorities entities to guarantee compliance and to supply wide accusation to voters,” the Alaska Division of Elections said successful a statement.

Lawyers for the Republican and Libertarian parties, arsenic good arsenic Trump's administration, are asking the justices to affirm an appellate ruling that struck down a Mississippi instrumentality allowing ballots to beryllium counted if they get wrong 5 concern days of the predetermination and are postmarked by Election Day.

Paul Clement, representing the governmental parties, played connected fears of fraud by invoking Democrat-dominated Chicago, infamous for predetermination shenanigans. Voting ends astatine 8 p.m. successful Chicago, Clement said, but authorities instrumentality allows ballots postmarked by Election Day to beryllium received later.

A elector paying adjacent attraction to the predetermination returns could successful mentation effort to plaything the predetermination by submitting a mailed ballot to the station bureau aft the polls were closed, helium said.

“I americium not present to accidental determination could ever beryllium voting fraud successful Chicago,” Clement said to laughter successful the courtroom.

Sotomayor had earlier needled Clement that nether the ruling helium sought, the Bush v. Gore determination that decided the 2000 predetermination successful favour of Republican George W. Bush would person travel retired otherwise due to the fact that subject ballots that broke heavy for Bush successful his 537-vote triumph wouldn't person been counted. Clement disputed the point.

The justices look much acrophobic astir the cascading problems that could originate nary substance who wins the case.

Ballots could beryllium received until the commencement of the adjacent Congress, 2 months aft the election, if a authorities wanted, Justice Neil Gorsuch suggested.

On the different side, Justice Elena Kagan said the logic of the situation to late-arriving ballots besides would beryllium utilized to regularisation retired aboriginal voting and absentee ballots.

Limits connected early-voting besides seemed to fuss Chief Justice John Roberts, who seemed the blimpish subordinate of the tribunal astir apt to broadside with Mississippi, on with Justice Amy Coney Barrett.

The tribunal besides grappled with whether authorities laws allowing for late-arriving ballots from subject and overseas ballots could survive.

Last year, Trump signed an enforcement bid connected elections that aims to necessitate votes to beryllium “cast and received” by Election Day. The bid has been blocked successful pending tribunal challenges.

At the aforesaid time, 4 Republican-dominated states — Ohio, Kansas, North Dakota and Utah — eliminated grace periods past year, according to the National Conference of State Legislatures and Voting Rights Lab.

In striking down Mississippi's grace period, Judge Andrew Oldham of the 5th U.S. Circuit Court of Appeals wrote that the authorities instrumentality allowing the late-arriving ballots to beryllium counted violated national law.

Oldham and the different 2 judges who joined the unanimous ruling, James Ho and Stuart Kyle Duncan, each were appointed by Trump during his archetypal term.

Copyright 2026 The Associated Press. All rights reserved. This worldly whitethorn not beryllium published, broadcast, rewritten oregon redistributed without permission.