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This story was produced by the Oregon Journalism Project, a nonprofit newsroom covering the state.
On Nov. 10, the U.S. Supreme Court agreed to hear a case from Mississippi that challenges the counting of ballots received after election day.
Oregon is one of at least 19 states that allows the practice. In 2021, lawmakers passed House Bill 3291, which expanded voting laws to allow elections officials to count any ballot postmarked by election day, provided it arrives at an elections office within seven days after the election.
Led by President Donald Trump, Republicans have advanced various strategies for restricting or eliminating mail-in ballots. The case in front of the Supreme Court is likely to turn on whether federal election law trumps state laws. Oregon and 18 other states filed an amicus brief in support of state control.
“The Republican National Committee is trying to stop ballots from being counted after Election Day because they think it will help them win,” said Oregon’s top elections official, Secretary of State Tobias Read. “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 only thing this flexibility does is make sure more citizens get to hold politicians accountable.”
Separately, a Douglas County Circuit Court case challenging Oregon’s vote-by-mail system continues to move slowly, as the parties battle over discovery requests. No trial data has been set.
The U.S. Supreme Court is expected to rule on the Mississippi case sometime next year, well in advance of the November election.
