The Supreme Court of the United States will hear a case that could impact how states handle mail-in ballots, including those in Maryland.
The dispute originated in Mississippi, where state law allows election officials to count ballots cast by Election Day and received within five business days. A federal trial judge upheld that rule.
The Fifth Circuit struck it down. Now the Court will decide which interpretation prevails.
The core question is simple: Does federal law require states to receive every ballot by Election Day, or only require voters to cast their ballots by that day? More than thirty states, plus Washington, DC, already allow some form of post–Election Day ballot receipt.
Maryland sits squarely in this group. Sixteen states and several territories count ballots from any voter when the ballot is postmarked by Election Day and arrives within a short period after. Twenty-nine states, including Maryland, also count late-arriving ballots from military and overseas voters when those voters send their ballots on time.
Maryland’s Current Rule
Maryland election law, under Election Law Article § 11-302, counts mail-in ballots when voters cast them by Election Day and local boards receive them by the State’s deadlines.
Federal law sets separate rules for military and overseas voters. Local boards of elections manage the canvassing process, and counties fund the staff, space, and equipment that keep it running.
If the Court requires receipt by Election Day, Maryland will need new deadlines, envelopes, instructions, training plans, and canvassing schedules. Local boards will feel that pressure immediately because they run these operations on tight timelines.
Why Local Boards Need Clear Rules
Local boards manage polling places, coordinate election judges, operate drop boxes, answer voter calls, and certify results. Each board depends on county funding to staff and secure these functions.
A change in the mail-ballot timeline pushes more ballots into the days before Election Day. That shift increases staffing needs and limits the time boards have to review signatures on oath, cure problems, and prepare for certification.
Confusion creates the most significant strain. Residents need precise and stable rules. Local boards take the calls when shifting national headlines muddy the process or suggest that Maryland’s rules have changed when, in fact, they have not.
National Stakes
Mississippi and nineteen other states, including Maryland, told the Court that federal election law allows states to accept ballots that voters cast on time and that arrive soon after the election. They also warned that the Fifth Circuit’s rule could disrupt many state laws, including laws that protect ballots from military and overseas voters.
The Republican National Committee argues that every ballot must arrive by Election Day to avoid delays in close races and maintain a single national deadline.
The Supreme Court will hear arguments next year and likely decide the case by early summer.
What This Means for Maryland
Maryland’s system stays in place until the Court rules. Local boards will continue canvassing ballots eight days before early voting and will continue counting ballots under the current law.
If the Court adopts a receipt-by-Election-Day rule, Maryland will need a new schedule for processing and counting mail ballots. Local boards will then move quickly to update forms, voter instructions, canvassing plans, and public notices in preparation for the next election.
Bottom Line
Maryland law remains in effect. Local boards of elections will continue to run elections under current rules, supported by county funding, staff, and facilities.
The Supreme Court’s ruling could alter these rules, and local boards will bear the operational burden if deadlines become tighter. MACo will follow the case and share updates as soon as the State Board of Elections or the Attorney General issues new guidance.
MACo Winter Conference Session: Elections at Work — Local Leadership, Modern Challenges
Counties administer and fund elections at the local level, overseeing polling places and coordinating election judges and staff every two years. Local boards of elections work hard to ensure elections are accurate, safe, and accessible. Local boards of elections face rising pressure heading into 2026. Recruiting election judges, managing early voting sites, meeting new procedural demands, and countering false information all strain staff and resources.
At this year’s MACo Winter Conference, an expert panel will walk county leaders through the significant challenges ahead and outline practical steps to strengthen operations before the next cycle.
MACo’s Winter Conference, “Local Leadership, Lasting Impact: Shaping What’s Next,” will be held at the Hyatt Regency Chesapeake Bay Hotel in Cambridge, MD, on December 10-12, 2025.
Learn more about MACo’s Winter Conference:
- Attendee Registration Guide – PLEASE READ! (new registration system)
- Attendee Brochure (with full schedule)
- Exhibitor Registration Guide – PLEASE READ! (new registration system)
- 2024 Winter Conference Photos (see what it’s like!)
- Questions? Contact Virginia White
