Copyright The Oregonian
A future Supreme Court ruling regarding Mississippi’s voting system could impact whether Oregon and other states are allowed to continue accepting mail-in ballots that are postmarked on or prior to Election Day, but arrive on a later date. Since 2022, Oregon has accepted mailed ballots that are postmarked by 8 p.m. on Election Day and arrive within seven days after that date. Roughly 13,000 ballots cast by Oregonians in last year’s general election — representing a tiny fraction of the total 2.31 million ballots cast — arrived and were accepted after Election Day, according to the Secretary of State’s Office. But a Supreme Court decision expected next year could force Oregon to end the practice. On Monday, the court announced that it would hear a challenge by the Republican National Committee to Mississippi’s policy of counting mail-in ballots that arrive up to five days after Election Day. The ruling could have broader implications for other states with similar policies, experts say. Sixteen states accept all mail-in ballots that are postmarked by Election Day but arrive after, while 22 states accept mailed ballots from overseas or military voters that arrive after Election Day, though specific timelines vary, according to the National Conference of State Legislatures. “In the past, when a ruling has been made that puts in place some sort of mandate or requirement for federal elections, states tend to comply and apply those rules to all elections,” said Paul Gronke, a political science professor at Reed College who studies election administration. For years, many prominent Republicans, including President Donald Trump, have claimed without evidence that mail-in voting has led to widespread voter fraud. In March, Trump issued an executive order that would have barred states from counting ballots that arrive after Election Day, among other provisions. Oregon and Washington filed a lawsuit in April challenging the order, arguing that the president does not have the authority to change elections laws. The case is pending in federal court in Seattle. Oregon Secretary of State Tobias Read, a Democrat, called the legal challenge of Mississippi’s law a “manufactured crisis” intended to sow distrust in elections and limit voter participation. “Let’s just say it: The Republican National Committee is trying to stop ballots from being counted after Election Day because they think it will help them win,” Read said. “These are legal ballots cast by citizens by the deadline. All of the security and anti-fraud protocols that were in place on Election Day still apply.” The Republican National Committee and Mississippi’s Republican and Libertarian parties challenged Mississippi’s 2020 law last year. The challengers are arguing that accepting ballots after Election Day contradicts the federal definition of Election Day, which they argue was intended to be the single day deadline for voters nationwide. A federal judge in Mississippi ruled in favor of the state soon after, upholding the law. But a three-judge panel of the 5th U.S. Circuit Court of Appeals, all Trump appointees, ruled with the challengers last October, striking down the law and setting the stage for the Supreme Court to hear the case. The Supreme Court is expected to hear arguments on the case in early 2026 and rule by early summer, several news outlets have reported. Latest local politics stories Gov. Tina Kotek signs controversial transportation funding plan as deadline approaches Oregon lawmakers quietly hire their family members with taxpayer money — and little oversight See how big a refund you’ll get from Oregon’s $1.4B kicker next year Oregonians have access to full November food stamp benefits, Kotek says Washington County dedicates funds to aid immigrants, refugees as ICE raids ‘instill fear and anxiety’ Read said his office is in coordination with the state’s county clerks to ensure that Oregon’s elections remain secure and accessible amid any potential changes that come from the Supreme Court decision or other federal actions. “Our office is already working closely with county elections officials to prepare for any kind of disaster that could impact how we run elections, including a manufactured crisis like this one,” Read said in a statement. “We will do everything in our power to make sure that no citizen in our state is denied the right to vote because they’re too busy or can’t afford it or they live too far away.” If states are forced to stop counting ballots received after Election Day, Gronke, the Reed College professor, said he doesn’t think Oregon would struggle as much as other states to adapt to the earlier voting deadline, particularly since Oregon only started the practice in 2022. He said other states that have historically accepted and counted large portions of ballots after Election Day, such as California, would face more significant operational and logical challenges. But he acknowledged that Oregon elections officials would have to spend more money to inform the public of the changes and ensure that the state’s voting infrastructure has the capacity to process a higher number of ballots by Election Day. “It’ll require education, require outreach to make sure that everybody understands” deadlines to cast their ballots, Gronke said. “I am confident that we can do it in Oregon. I’m worried about the destruction in some other states.”
