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Oregon will likely still be allowed to count eligible mail-in ballots received after election night following a Monday ruling by the U.S. Supreme Court.
The case, Watson v. Republican National Committee, stemmed from a lawsuit between the GOP and the state of Mississippi, which, like Oregon, allows certain ballots to be counted even if they arrive after election day. The case had nationwide implications, raising the possibility that votes received after election day could be considered invalid.
In the 5–4 decision, the court’s majority found that federal law does not prevent Mississippi election officials from counting ballots they receive in the mail after election day. The ruling suggests Oregon would probably also continue be allowed to count valid ballots that arrived days after polls closed—in its case, up to seven days—a practice the state has maintained since 2022 to give a grace period to ballots postmarked by election day that arrived later due to the time it takes the U.S. Postal Service to deliver them.
“Today’s decision is a win for Oregon voters,” said Oregon Secretary of State Tobias Read in a written statement. “The post-election day grace period protects thousands of Oregonians’ votes from being thrown out because of delays at the post office. This ruling means those legally cast ballots that arrive within seven days of the election will be counted and those Oregonians’ voices will be heard.”
The U.S. Department of Justice did not immediately respond to a request for comment. On social media, President Donald Trump used what he called a “tremendous loss in the Supreme Court today” to promote a federal law he is trying to get passed that would place new rules on locally run elections, such as restricting the use of mail-in ballots.
The Supreme Court decision comes amid a pitched battle over mail-in voting in the United States. Days ago, a coalition of 24 states, including Oregon, successfully countered the Trump administration’s executive order to control who receives mail ballots.
In Watson, justices debated the meaning of the word “election” in federal law. The majority found that the term applies to when a voter casts their ballot—rather than the day the ballot is received—meaning that the law does not necessarily exclude valid votes elections offices receive after election day.
State officials have been watching the case closely. In May, days before Oregon’s primary election, Read encouraged voters to turn in their ballots at drop boxes instead of mailing them—a recommendation that came in the shadow of the pending Supreme Court case.
Now, the court’s decision allows Oregon to proceed with the coming election without making a major shift in its voting rules.
“We applaud the Supreme Court’s decision to continue allowing mail-in ballots postmarked on election day to be counted after an election, pursuant to state law,” Gov. Tina Kotek said in a statement. “This is essential for Oregonians across the state to be able to participate in our democracy in a way that is accessible and convenient. President Trump has been denied this attempt to try to silence voters.”
Though the weeklong buffer for Oregonians will likely now remain in place, officials still advise voters to vote early, asserting that budget cuts to the U.S. Postal Service have slowed mail processing and delivery times.
“My advice to voters has not changed: Don’t wait,” Read said. “Vote early and use an official drop box. If you have to return your ballot by mail, do it at least a week before election day, especially if you live more than 50 miles from Portland. I want every legal vote in Oregon to count.”
