WASHINGTON (AP) — The Supreme Court on Monday ruled that states can count ballots that arrive after Election Day, a persistent target of President Donald Trump.
The 5-4 decision rejected a Republican-led attack on laws in more than half the states and the District of Columbia that permit mailed ballots to arrive and be counted some number of days after the election, provided they are postmarked by Election Day. The outcome spares officials the headache of changing their ballot rules just a few months before the 2026 midterm congressional elections.
In just over half those states, the more forgiving deadlines apply only to ballots cast by military and overseas voters.
Justice Amy Coney Barrett wrote the court's majority opinion, joined by Chief Justice John Roberts and the three liberal justices.
Federal laws setting a single Election Day “leave open when those votes must be received,” Barrett wrote.
Congress could change the law, she said. “If varied deadlines for ballot receipt similarly call for a national solution, the American people must choose it through their elected representatives,” Barrett wrote.
The legal challenge was part of Trump’s broader attack on most mail balloting, which he has said breeds fraud despite strong evidence to the contrary and years of experience in numerous states. Trump has repeatedly claimed that his loss to Joe Biden in 2020 resulted from fraud even though more than 60 court decisions and his own attorney general said that argument had no merit.
Trump called the court ruling a “tremendous loss” and renewed his call for Congress to pass the SAVE America Act, which has made it through the House of Representatives but not the Senate.
“There is only one reason to oppose — CHEATING!” Trump wrote on Truth Social.
The court heard arguments in March in a case from Mississippi pitting the state against Trump’s Republican administration and the Republican and Libertarian parties. At issue was whether federal law sets a single Election Day that requires ballots to be both cast by voters and received by state officials.
The federal appeals court in New Orleans struck down a Mississippi law allowing ballots to be counted if they arrive within five business days of the election and are postmarked by Election Day.
The outcome is a “sigh of relief” for a lot of election administrators, said Stephen Richer, a Republican and the former top election administrator in Arizona’s Maricopa County, which includes Phoenix.
A ruling in favor of the Republican National Committee "would have created a whole host of administrative challenges for the affected states,” said Richer, who is now a legal fellow at the Cato Institute.
RNC officials did not immediately respond Monday to email and telephone requests for comment.
Follow the AP’s coverage of the U.S. Supreme Court at https://apnews.com/hub/us-supreme-court.
FILE - Department of Elections workers sort mail-in ballots for the California primary election at City Hall on Tuesday, June 2, 2026, in San Francisco. (AP Photo/Jeff Chiu, File)
LEXINGTON, South Carolina (AP) — Alex Murdaugh was back in court again Monday on charges he killed his wife and son, appearing silently at a pretrial hearing that was mostly short on substance but long on spectacle as the true crime sensation continues to captivate.
Murdaugh’s murder convictions and sentence of life in prison were overturned last month by the South Carolina Supreme Court. The goals of Monday's hearing were to set deadlines for exchanging evidence between the defense and prosecution, and to figure out dates for other hearings and the next trial, which was set for April 5.
Dozens of media outlets, from international agencies to local TV stations to true crime podcasters, were inside the Lexington County courthouse to again chronicle every forehead rub and quizzical look from the once rich and imposing Southern lawyer.
"I see we have a full house,” Judge Debra R. McCaslin said as the hearing began in the 200-person capacity courtroom.
It's a rare chance to see up close how life behind bars has changed the 58-year-old Murdaugh, who still has decades to serve in a South Carolina prison after pleading guilty to stealing about $12 million from clients and his family's law firm.
Prosecutors say Murdaugh shot his wife Maggie and younger son Paul, 22, because he believed sympathy over their deaths would buy him time to fix his problems. At that point, his financial crimes were close to being exposed by his law firm and the family of a teen who filed a wrongful death lawsuit after Paul crashed a boat while drinking.
Murdaugh wore an orange prison jumpsuit in court Monday, mostly listening with his mouth fixed in a tight line. His lawyers want the judge to let him wear civilian clothing at every hearing and during his retrial.
At one point, defense attorney Dick Harpootlian asked Murdaugh to stand.
“Chains around the hands, chain around the waist, chains on his feet,” Harpootlian noted to the judge, saying he thinks jurors would be prejudiced if they see his client shackled like dangerous criminal, when he’s only been convicted of financial crimes.
The prosecution argued that it's standard for imprisoned defendants to wear restraints and jumpsuits. “Every time someone is transferred out of court, it is a security risk,” Creighton Waters said.
Defense lawyers want Murdaugh, who was disbarred during his legal troubles, to have access to a laptop in prison without internet access to review evidence so they don’t have to print and deliver it all. Harpootlian said Monday there are more than 20,000 pages of documents.
“Well surely, Mr. Harpootlian, he reviewed those before his first trial, did he not?” the judge asked.
“Five years ago,” the lawyer replied.
Another pretrial motion asks prosecutors to turn over DNA found under Murdaugh’s wife’s fingernails for testing at a private lab. Investigators said it was from an unknown and unrelated man.
The defense said they’re happy to pay for the independent DNA testing.
“I’m gonna let you pay for it,” the judge quipped, drawing a chuckle from the courtroom.
Murdaugh was grimacing and biting his lower lip during the exchange.
The defense also wants to hold the next trial outside of Colleton County, where the killings happened and the first trial took place. That matter was discussed, but not decided on Monday.
While admitting he is a thief, insurance cheat, liar and bad lawyer, Murdaugh has adamantly denied shooting to death his wife and son since he said he found their bodies outside their home in 2021.
A jury convicted him of two counts of murder in 2023 and he was sentenced to life in prison without parole.
But during that trial, a few jurors said the Colleton County clerk of court, assigned to oversee the evidence and the jury during the trial, told them to watch Murdaugh’s body language when he testified in his own defense and to not be fooled, confused or thrown off by what he might say.
The state Supreme Court ruled that was a suggestion Murdaugh was guilty and overturned his convictions.
The justices were also concerned that days of testimony at the murder trial centered around how Murdaugh stole from clients, many of them in dire straits.
Brief testimony is fine, but details such as how some of the people Murdaugh stole from were disabled or vulnerable could unfairly turn against him jurors who should be focused just on whether he killed his family, the justices said.
Murdaugh remains in a South Carolina prison as he serves a 40-year federal sentence at the same time as a 27-year state sentence for his financial crimes.
Reverend Raymond Johnson protests outside the Lexington County Courthouse before the arrival of Alex Murdaugh in Lexington, S.C., Monday, June 29, 2026. (AP Photo/Sam Wolfe)
Dick Harpootlian, a defense attorney for Alex Murdaugh, arrives at the Lexington County Courthouse in Lexington, S.C., Monday, June 29, 2026. (AP Photo/Sam Wolfe)
Visitors wait in line outside the Lexington County Courthouse before a pre-trial hearing for Alex Murdaugh in Lexington, S.C., Monday, June 29, 2026. (AP Photo/Sam Wolfe)
A vehicle believed to be transporting Alex Murdaugh arrives at the Lexington County Courthouse in Lexington, S.C., Monday, June 29, 2026. (AP Photo/Sam Wolfe)
FILE - Alex Murdaugh, convicted of killing his wife, Maggie, and younger son, Paul, in June 2021, listens during a hearing on the motion for a retrial, Jan. 16, 2024, at the Richland County Judicial Center, in Columbia, S.C. (Gavin McIntyre/The Post and Courier via AP, Pool, File)
