WSJ Opinion: Potomac Watch The Supreme Court Sounds Ready to End Late Mail Ballots
Mar 24, 2026
Kim Strassel, Wall Street Journal columnist known for political and legal commentary, joins to unpack the Supreme Court’s scrutiny of late-arriving mail ballots. She explores legal definitions of Election Day, postal and postmark problems, military and overseas voting rules, and how a ruling could reshape administration and GOP politics ahead of November.
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Court May Define Election Day As Receipt Deadline
- The Supreme Court may rule that federal statutes fixing Election Day require ballots to be received by that day, not merely mailed by then.
- Justices focused on the phrase "Election Day" and history stretching back to 1845 as the basis for a uniform final choice day.
Grace Periods Create Pandora's Box Of Rules
- Allowing postmarked-but-late ballots creates hard line-drawing problems about delivery windows and who can deliver ballots.
- Justices asked whether states could permit month-long windows, family delivery, or video proof of a ballot cast on Election Day.
Handing To USPS Doesn't Necessarily Mean Vote Final
- Mississippi's view that a ballot is 'cast' when handed to USPS undermines limiting principles and invites manipulation like mail recall.
- Justices used hypotheticals where post-election revelations could prompt recalls that change outcomes.