Short answer: it depends on your state, and in most states the answer is yes. Thirty-five states require mailed ballots to arrive by Election Day, usually by the time polls close. About 15 others, plus the District of Columbia, will count a ballot that is postmarked by Election Day and arrives within a set window afterward. That window ranges from one day in Texas to two weeks in Illinois.
Those rules survived a direct challenge this year. On June 29, 2026, the Supreme Court decided Watson v. Republican National Committee and held that federal Election Day laws do not override a state’s choice to accept ballots that arrive after Election Day. Here is what the ruling did, what it did not do, and what the deadline is where you vote.
- Watson v. RNC (June 29, 2026, 5–4) held that federal Election Day statutes do not preempt state laws counting ballots postmarked by Election Day and received later.
- The ruling did not create a national grace period. Each state’s own deadline still controls.
- Per NCSL, 35 states require mailed ballots to arrive by Election Day; about 15 states plus D.C. accept timely postmarked ballots that arrive afterward.
- Kansas is the moving piece: a court order currently keeps its three-day grace period in place for November while an appeal continues.
- Whatever your state, the safest move is to return your ballot early, or use a drop box or your election office where available.
What the Supreme Court decided in Watson v. RNC
The case came from Mississippi, where state law lets an absentee ballot count if it is postmarked by Election Day and received within five business days. The Republican National Committee and state Republican and Libertarian parties sued in 2024, arguing that the federal statutes setting a single national Election Day mean ballots must also be received by that day. A federal district court disagreed. A Fifth Circuit panel then sided with the challengers in October 2024, and the Supreme Court took the case, hearing arguments in March 2026.
The Court reversed the Fifth Circuit, 5–4. Justice Amy Coney Barrett wrote the majority opinion, joined by Chief Justice John Roberts and Justices Elena Kagan, Sonia Sotomayor and Ketanji Brown Jackson. The core reasoning: federal law requires voters to cast their ballots by Election Day, but it says nothing about when officials must receive them. In Barrett’s words, as reported by Ballotpedia, “The election-day statutes say nothing about ballot receipt, and we cannot add to the words Congress chose.”
Justice Samuel Alito dissented, joined by Justices Clarence Thomas and Neil Gorsuch, with Justice Brett Kavanaugh joining part of the dissent. Alito argued that the electorate’s choice must be expressed on Election Day and that accepting late-arriving ballots postpones it.
- It did not require any state to accept late-arriving ballots. States that require receipt by Election Day can keep doing so.
- It did not decide whether Congress could set a national receipt deadline. The question was what current federal law says, not what Congress may do.
- It did not change how long counting takes. The case was about when ballots can arrive, not when they are tallied.
States that count ballots postmarked by Election Day
According to the National Conference of State Legislatures’ table of receipt deadlines, updated September 25, 2026, these states and D.C. accept mailed ballots that are postmarked (or otherwise shown to be cast) by Election Day and arrive within the window below. Several also have rules for ballots with missing or unclear postmarks, so check your state’s guidance.
| State | Ballot must arrive by | Notes |
|---|---|---|
| Alaska | 10 days after | |
| California | 7 days after | |
| District of Columbia | 10 days after | |
| Illinois | 14 days after | |
| Kansas | 3 days after | Under a court injunction; see below |
| Maryland | 10 a.m., 10 days after | NCSL notes a 2026 law setting the second Friday after the election |
| Massachusetts | 5 p.m., 3 days after | |
| Mississippi | 5 business days after | The law upheld in Watson |
| Nevada | 5 p.m., 4 days after | Unclear postmarks received by the third day are treated as timely |
| New Jersey | 144 hours after polls close | |
| New York | 7 days after | |
| Oregon | 7 days after | |
| Texas | 5 p.m., day after | |
| Virginia | Noon, 3 days after | Moves to 5 p.m. starting Jan. 1, 2027 |
| Washington | Day before certification | Certification is 21 days after a general election |
| West Virginia | Start of the canvass | Canvass begins on the fifth day after the election |
States where your ballot must arrive by Election Day
Per the same NCSL table, these states require mailed ballots to be received on or before Election Day, generally by the close of polls (a few set an earlier hour): Alabama, Arizona, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Indiana, Iowa, Kentucky, Louisiana, Maine, Michigan, Minnesota, Missouri, Montana, Nebraska, New Hampshire, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Wisconsin and Wyoming.
A few details worth knowing:
- Louisiana sets its deadline at 4:30 p.m. the day before Election Day, for every return method.
- Alabama requires receipt by noon on Election Day, and New Hampshire by 5 p.m.
- Ohio dropped its four-day postmark window in 2025 (SB 293). Ballots now must arrive by the close of polls, though military and overseas ballots received within four days still count.
- Some states, including Arkansas, Connecticut, North Dakota, Oklahoma and Vermont, set an earlier deadline for hand-delivered ballots than for mailed ones. NCSL notes that no state accepts hand-delivered ballots after Election Day.
The Kansas exception to watch
Kansas passed a law in 2025 ending its three-day grace period and requiring ballots by 7 p.m. on Election Day. A Douglas County district judge blocked that law in July, and the Kansas Supreme Court left the grace period in place for the August primary. On the eve of the general election, the Kansas Court of Appeals refused the secretary of state’s request to pause the injunction, according to High Plains Public Radio’s October 7 report. As things stand, Kansas mail ballots postmarked by Election Day and received within three days count. The appeal is still moving, so Kansas voters should check the secretary of state’s site before relying on the grace period, or simply return their ballots early.
Why “postmarked by Election Day” is riskier than it sounds
Even in grace-period states, a postmark is not a guarantee. NCSL has flagged a 2025 Postal Service clarification that postmarks are applied at regional processing facilities, not necessarily where you drop the envelope. A ballot mailed locally can travel to a distant hub before it is stamped, so the postmark date may not reflect the day you mailed it.
- Mail it at least a week before Election Day. NCSL relays Postal Service guidance to allow at least a week.
- Ask a post office clerk to hand-stamp the envelope if you mail it close to the deadline, so the postmark reflects the date it entered the mail.
- Use an official drop box or your election office where your state offers them. That avoids the mail entirely.
- Sign and complete the envelope. A missing signature is a more common problem than a late arrival; see your state’s rules for fixing it.
What this means for election night
Grace periods affect how quickly races can be called, not who wins them. In states such as California, Nevada, Alaska and New York, ballots will still be arriving days after November 3, and close races there can stay uncalled for a while. That is the system working as written. We explain the counting and certification steps in our guide to what happens after Election Day, and why vote totals shift as counting continues in our early and mail voting explainer.
Frequently asked questions
Does my mail ballot have to arrive by Election Day in 2026?
In most states, yes. NCSL lists 35 states that require mailed ballots to arrive by Election Day. About 15 states plus D.C. count ballots postmarked by Election Day that arrive within a set window, from one day (Texas) to 14 days (Illinois).
What did the Supreme Court decide in Watson v. RNC?
On June 29, 2026, the Court ruled 5–4 that federal Election Day statutes do not preempt Mississippi’s law counting absentee ballots postmarked by Election Day and received within five business days. States keep the power to set their own receipt deadlines.
Did Watson v. RNC create a grace period in every state?
No. The ruling only means federal law does not block states that choose to have a grace period. States that require ballots by Election Day can keep that rule.
Does Ohio still accept mail ballots after Election Day?
Not for most voters. Ohio’s 2025 law (SB 293) removed the four-day postmark window, so ballots must arrive by the close of polls. Military and overseas ballots received within four days still count, per NCSL.
Can Kansas mail ballots arrive after Election Day this year?
For now, yes. A court injunction keeps Kansas’s three-day grace period in effect, and on Oct. 7 it was reported that the Kansas Court of Appeals declined to pause it. The appeal continues, so check with the Kansas secretary of state and return your ballot early.
Watson settled one question, whether federal law forbids grace periods, and left every other one to the states. If you vote by mail, the only deadline that matters is your own state’s, and the safest plan in every state is the same: get the ballot back well before November 3.
Sources
- NCSL: Table 11, Receipt and postmark deadlines for absentee/mail ballots (updated Sept. 25, 2026)
- Supreme Court of the United States: Docket No. 24-1260, Watson v. Republican National Committee
- Ballotpedia News: U.S. Supreme Court upholds Mississippi’s absentee ballot return law (June 29, 2026)
- High Plains Public Radio: Appeals court says Kansas mail-in ballots will be accepted for three days after November election (Oct. 7, 2026)
- NCSL: How the new USPS postmark changes could affect mail voting