Supreme Court Protects Mail Voting in Illinois and Other States from Attacks Ahead of the Midterm

CHICAGO – The Supreme Court of the United States today issued a decision permitting Mississippi voters’ ballots cast and postmarked on time to be counted after Election Day according to state law. The decision reverses the Fifth Circuit’s incorrect interpretation of federal Election Day statutes, which would have invalidated decades-old absentee ballot receipt laws and disenfranchised voters who followed all election rules but faced postal delays beyond their control. Limiting mail-in ballots would disproportionately harm voters with disabilities, rural voters, older voters, military and overseas voters, and working people who rely on absentee voting.

Illinois state law allows voters mail-in ballots to be counted for up to 14 days after Election Day, so long as they are postmarked on the date of the election.

In response to the Court’s ruling, Colleen K. Connell, Executive Director of the ACLU of Illinois, issued the following statement:

“States, including Illinois, long have recognized that expanding access to the vote includes a robust mail-in voting system – including the ability of voters to mail their ballot on election day and still be counted. These voters deserve to have their votes counted and individual states have the right under our constitutional system to set their own rules.

The ability of older voters, military personnel and their families serving overseas and those living with disabilities to participate in our electoral process should not be limited by conspiracy theories and false claims of abuse. Every vote cast by election day deserves to be counted.”