Supreme Court could bar late-arriving mailed ballots. Here’s what that would mean for Oregon voters.

By JAMIE GOLDBERG/The Oregonian/OregonLive

The U.S. Supreme Court and its conservative majority appeared skeptical during arguments Monday of state laws that allow mailed-in ballots to count when they arrive after Election Day.

The court will rule by late June in Watson v. Republican National Committee, a case out of Mississippi. That ruling could have far-reaching implications for states that allow late-arriving ballots to count, including Oregon.

Oregon became the first state in the nation to vote exclusively by mail following a 1998 ballot measure that passed with broad support. That policy has led to the state having among the highest rates of voter turnout in the nation. However, it wasn’t until 2022 that Oregon began allowing ballots that arrive up to seven days after Election Day to count, as long as they are postmarked by Election Day.

Nearly 32,000 ballots in 2022 and 13,000 ballots in 2024 that arrived at elections offices after Election Day were counted in Oregon because they were postmarked in time, according to the Oregon Secretary of State’s Office.

Tess Seger, a spokesperson for the office, said adhering to a Supreme Court ruling striking down the grace period would not require significant staffing or infrastructure changes in Oregon. However, she said it could make things a lot tougher for Oregon voters, especially those who live in rural areas.

“Voters are the ones who will be most impacted, especially those who live far away from big cities or can’t drive,” Seger said. “Thousands of Oregonians who get their ballot in the mail on time could lose their right to vote if the Supreme Court strikes down Mississippi’s grace period.”

Postmark delays could make it especially difficult for voters in rural areas to ensure their ballots are counted. The U.S. Postal Service started warning customers late last year that their mail may not be postmarked the same day it’s dropped off because of changes to its mail distribution and processing system. Though the delays appear to be affecting areas away from major population centers, the Postal Service won’t say precisely which ZIP codes are experiencing delays.

Seger noted that the state has already updated its guidance for voters to encourage them to mail their ballots at least seven days before Election Day due to the Postal Service’s postmark delays.

“It’s a message we are distributing on every channel we have and will continue to communicate about through the primary and general elections,” Seger said. “Whether this decision comes down or not, we will closely monitor mail delivery times and update our guidance to Oregonians, as needed. As always, the absolute best thing to do is fill out your ballot and return it as soon as possible.”

The timing of when Oregonians receive their ballots in the mail won’t change regardless of the ruling, at least not before the November election.

Seger said that the state’s current election timelines are set by statute. “So if, for example, local elections officials wanted to mail out ballots sooner to account for post office delays, it would likely require legislative action and updating other deadlines, like the candidate filing deadline,” Seger said.

The latest case out of Mississippi comes as President Donald Trump has remained fixated on vote-by-mail, claiming without evidence that allowing ballots to be mailed in has led to widespread fraud. Oregon Gov. Tina Kotek pushed back on Trump’s claims in a statement released by her campaign Monday.

“President Trump’s attacks on mail-in voting threaten to silence working people, undermine states’ rights, and threaten the foundation of our democracy,” she said. “The Supreme Court must stand firm and uphold the Constitution — and not give in to Trump’s long-debunked lies and conspiracy theories.”

Reporter Aimee Green contributed to this report.

This story was originally published on March 24, 2026 by The Oregonian/OregonLive.