Fact Check: Counting mail-in ballots after Election Day violates federal law.

Published July 11, 2025
by TruthOrFake AI
±
VERDICT
Partially True

# Fact Check: "Counting mail-in ballots after Election Day violates federal law." ## What We Know The claim that counting mail-in ballots after Elect...

Fact Check: "Counting mail-in ballots after Election Day violates federal law."

What We Know

The claim that counting mail-in ballots after Election Day violates federal law is rooted in several federal statutes that establish Election Day as the deadline for ballots to be both cast and received. Specifically, 2 U.S.C. § 7 and 3 U.S.C. § 1 create a uniform Election Day for federal elections, which implies that ballots must be received by that date to be counted (source-2).

Recent rulings, such as the one from the U.S. Court of Appeals for the Fifth Circuit in Republican National Committee v. Wetzel (2024), reaffirm this interpretation, stating that states cannot count ballots received after Election Day (source-2). However, the application of this law can vary significantly by state, as individual states have their own regulations regarding mail-in ballots. Some states allow ballots postmarked by Election Day to be counted if they arrive shortly thereafter, which complicates the claim (source-5).

Analysis

While it is accurate that federal law prohibits counting ballots received after Election Day, the reality is nuanced. Many states have laws that permit counting ballots that are postmarked by Election Day but arrive later. For instance, a report from NPR indicates that various state rules dictate when mail ballots can be processed and counted, leading to differences in how these laws are implemented (source-5).

The reliability of sources discussing this issue varies. The guidance from the Department of Justice is authoritative but may reflect a particular administrative perspective (source-1). Conversely, news reports and analyses from organizations like NPR and Cato Institute provide a broader view of state practices and legal interpretations, which can be more informative for understanding the practical implications of the law (source-5, source-7).

Conclusion

The claim that counting mail-in ballots after Election Day violates federal law is Partially True. While federal law does set strict deadlines for when ballots must be received to be counted, many states have provisions that allow for the counting of ballots postmarked by Election Day if they arrive shortly thereafter. This creates a patchwork of regulations that can lead to confusion and differing interpretations of the law across the country.

Sources

  1. Guidance Concerning Federal Statutes Affecting Methods ...
  2. Preserving and Protecting the Integrity of American Elections
  3. Counting Votes & What to Expect on Election Day
  4. Recent Court Rulings on Voting and Counting Ballots
  5. When will mail-in and absentee ballots be counted?
  6. US appeals court says counting ballots received after ...
  7. Can Mail Ballots Be Lawfully Counted If Received After ...
  8. When Absentee/Mail Ballot Processing and Counting Can ...

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Fact Check: Counting mail-in ballots after Election Day violates federal law. | TruthOrFake Blog