Supreme Court ruling on late-arriving ballots draws sharply different reactions from Murkowski, Judicial Watch

The ruling leaves Alaska’s absentee ballot system unchanged. Under current Alaska law, absentee ballots mailed within the state may be counted if they are postmarked on or before Election Day and received within 10 days afterward. Overseas military and civilian absentee ballots may arrive up to 15 days after the election and still be counted if they meet the state’s requirements.

Murkowski praised the decision, arguing that it recognizes the logistical realities of voting in Alaska.

“The Supreme Court’s decision today recognizes that states face unique circumstances in administering their elections. In Alaska, voting is not as simple as driving down the road to a neighborhood polling place. Many Alaskans live in remote communities that are not connected to the road system, requiring ballots to travel by bush plane or boat, which means volatile weather conditions and limited infrastructure can determine whether those ballots arrive on time.

“Even with Alaska’s current 10-day grace period for in-state ballots, we have seen mail delays cause legally cast ballots to arrive too late to be counted. Today’s decision affirms that states have the flexibility to account for these realities and helps ensure that every American who lawfully casts a ballot has the opportunity to have it counted.”

Supporters of Alaska’s current system have long argued that the state’s geography and transportation challenges make additional time for mailed ballots necessary to avoid disenfranchising rural voters.

Others contend that allowing ballots to arrive days after Election Day gives absentee voters a longer effective voting window than voters who cast ballots in person. They also note that Alaska’s acceptance of military and overseas ballots for up to 15 days after the election means some races, particularly under the state’s ranked-choice voting system, cannot be certified until those ballots have been received and tabulated.

Among the ruling’s strongest critics was Tom Fitton, president of Judicial Watch, which represented the Libertarian Party of Mississippi before the Supreme Court in the case.

Fitton called the decision astonishing.

“The Supreme Court’s astonishing 5-4 decision further eviscerates the very notion of Election Day and threatens to make a mess for our nation’s already stressed federal elections. The decision is contrary to the plain words of federal law establishing Election Day, invites significant voter fraud, and will further undermine voter confidence in elections that could now regularly take months to resolve.”

He added: “Today’s decision ignores the plain meaning of Election Day and threatens to cause chaos in congressional and presidential elections. Congress can and should step in to correct the Supreme Court’s errant decision and make clear that, at the very least, all ballots MUST be received by Election Day in order to be counted.”

The organization’s position echoed the dissent written by Samuel Alito, joined by Justices Clarence Thomas, Neil Gorsuch, and Brett Kavanaugh.

Alito warned that the majority’s decision departs from longstanding election law principles and risks undermining confidence in federal elections.

The decision preserves Alaska’s existing absentee ballot deadlines and means the state’s election calendar, including the counting of late-arriving military and overseas ballots, will continue as it has in recent election cycles. In close statewide races conducted under ranked-choice voting, final results may continue to take up to two weeks after Election Day before all eligible absentee ballots have been counted and tabulated.