The SCOTUS Mail Ballot Case Just Led One State to Scrap Its Grace Period

The U.S. Supreme Court is set to hear a potentially monumental case* next year about whether a mail ballot must be received by Election Day to count. Though a ruling is still months away, the case has already led at least one state to scrap its grace period thanks to the uncertainty of how the court will rule. 

Ohio Gov. Mike DeWine (R) signed into law Senate Bill 293 Friday, eliminating a four-day grace period that allowed mail ballots to be counted if they arrived after election day. 

But he said he did so “reluctantly,” telling reporters at the bill signing that he opposed the measure. 

“I believe that this four day grace period is reasonable and I think for many reasons it makes a lot of sense,” DeWine said. “Therefore I normally would veto a repeal of this four day grace period. And frankly, that’s what I wish I could do.”

DeWine argued he had to sign the bill because of the pending Supreme Court case challenging Mississippi’s similar grace period law — though the case hasn’t even been argued yet.

“No one knows how the Supreme Court will rule. However, if the court in late June upholds the 5th Circuit case, and our Ohio grace period for counting ballots is still in effect, the election situation in Ohio would be chaotic,” DeWine said, adding that Ohio elections could be forced to operate under a separate set of rules for state and federal elections.

“Further, there simply would not be enough time for the legislature to pass a law to conform to the Supreme Court decision and federal law. Therefore, reluctantly, I sign this bill this afternoon,” DeWine said.

The Ohio legislature quickly passed the measure after the U.S. Department of Justice threatened to sue the state if it didn’t eliminate its mail ballot grace period. 

The court challenge comes as part of a broader GOP attack on late-arriving mail ballots that could end up tossing out thousands of ballots across the country in the 2026 midterm election. 

President Donald Trump issued an executive order in March pressuring states to reject late-arriving mail ballots, but the provision was blocked by a Massachusetts federal court. And the top House Republican on election issues has said he plans to introduce legislation with a similar goal.

*Intervenor-defendants are represented in the lawsuit by the Elias Law Group (ELG). ELG Chair Marc Elias is the founder of Democracy Docket.