SCOTUS Upholds Maryland’s Mail-In Ballot Rules

Maryland’s current process for counting mail-in ballots will remain in place after the US Supreme Court ruled today that states may continue counting ballots that voters cast by Election Day, but that election officials receive afterward.

The 5-4 decision rejects a challenge to Mississippi’s mail ballot law and preserves similar laws across the country, including Maryland’s. Justice Amy Coney Barrett wrote the majority opinion, joined by Chief Justice John Roberts and Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson.

The ruling directly affects Maryland’s election process.

Under Maryland law, local boards of elections count mail ballots postmarked by Election Day that arrive within the statutory deadline during the post-election canvass. Those procedures remain unchanged following the Court’s decision.

As previously reported on Conduit Street, the case carried significant implications for Maryland elections. A ruling requiring ballots to arrive by Election Day would have forced Maryland to change its mail ballot deadlines and adjust post-election canvassing, certification timelines, staffing, and election administration.

Instead, the Court concluded that federal law requires voters to cast their ballots by Election Day but does not require election officials to receive those ballots by that date.

The Supreme Court’s decision marks the latest in a series of court rulings preserving Maryland’s current election framework.

As previously reported on Conduit Street last week, the US District Court for the District of Massachusetts struck down significant portions of two federal executive orders addressing election administration. Maryland Attorney General Anthony Brown joined multistate coalitions challenging both orders, including provisions that sought to prohibit states from counting certain mail ballots received after Election Day and impose new federal requirements on voter registration and election administration.

Earlier this month, the US District Court for the District of Maryland also dismissed a US Department of Justice lawsuit seeking access to Maryland’s statewide voter registration list, concluding that federal law did not require the State Board of Elections to produce the requested records.

The ruling also comes as local boards of elections continue canvassing mail-in ballots cast in last week’s gubernatorial primary. For Maryland, the decision means election officials will complete the canvass and certify the election under the same rules already in place.

Elections in Uncertain Times: What Counties Need to Know

As federal court decisions continue to shape election law and administration, this year’s MACo Summer Conference will feature a timely discussion on what those developments mean for Maryland counties.

Join election officials and legal experts for “Elections in Uncertain Times: What Counties Need to Know,” a session examining how recent court rulings, election litigation, mail-in ballot policies, cybersecurity threats, and evolving federal priorities are affecting election administration. The panel will explore the legal and operational issues counties should monitor as Maryland prepares for the 2026 general election.

MACo’s Summer Conference, “Build What’s Next,” takes place August 12–15, 2026, at the Roland Powell Convention Center in Ocean City, Maryland. For more information, visit the conference website.

Learn more about MACo’s Summer Conference: