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Supreme Court upholds Mississippi absentee ballot grace period

Mississippi absentee ballots can still arrive after Election Day, but they must be postmarked on time and signed across the flap to count.

Marcus Williams··2 min read
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Supreme Court upholds Mississippi absentee ballot grace period
Source: slate.com

Absentee voters in Mississippi can still rely on the five-business-day mail grace period after the Supreme Court’s 5-4 decision in Watson v. Republican National Committee, but the ballot still has to be postmarked by Election Day to count. Justice Amy Coney Barrett wrote the majority opinion on June 29, 2026, and the Court reversed the Fifth Circuit, holding that federal election-day statutes do not require states to receive mailed absentee ballots by Election Day.

Mississippi law leaves that mail option to narrower groups. The state’s 2026 voter guide says most voters must cast absentee ballots in person before the circuit clerk or municipal clerk, while people 65 or older, voters with a temporary or permanent disability, and voters temporarily residing outside their county of residence may request a mailed ballot. The Supreme Court’s opinion also noted college students away from home and senior citizens, and the state’s absentee voting page says anyone required to be at work on Election Day or simply out of town generally must vote absentee in person.

The ruling preserved a rule Mississippi adopted in 2020 through House Bill 1521, a COVID-era law signed by Gov. Tate Reeves. Under the law, mail ballots must be postmarked on or before Election Day and received by the registrar no more than five business days later. For voters, the practical move is straightforward: start with the county circuit clerk, confirm eligibility, and do not assume the postal system can rescue a ballot that leaves too late.

AI-generated illustration
AI-generated illustration

Even with the grace period intact, common mistakes can still kill a ballot. Mississippi instructions require the voter to complete the absentee envelope, sign across the sealed flap, and have the clerk or deputy clerk witness the signature for in-person absentee voting. State election rules say a signature mismatch can trigger rejection, though it may be cured, and a rejected or late ballot is not a final vote. A missing signature, a missing witness, or a late postmark can still leave a ballot out of the count.

Reeves has already said he wants lawmakers to repeal the law in the 2027 session, which makes the ruling more than a courtroom win for mail voters: it locks in the current rules for now and shifts the next fight back to the Mississippi Legislature.

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