Supreme Court's Decision Looms: Potential Impact on Mail Ballots
For Bismarck voters who mail ballots close to Election Day, a pending Supreme Court ruling could decide whether those votes count. The Court is set to consider a dispute over state deadlines for receiving mailed ballots this term, with a decision expected by late June, according to docket coverage by SCOTUSblog.
The stakes are practical as well as political. States split on whether to count ballots that arrive after Election Day if they are postmarked on time, a patchwork that has led to court fights in recent cycles, as summarized by the National Conference of State Legislatures (NCSL). Any nationwide guidance from the justices would land ahead of the general election, when mail voting remains a key option for many voters, according to turnout patterns tracked by the U.S. Election Assistance Commission.
Contextual Backdrop: Mail Ballot Timing Dispute
At issue is the balance between uniform, election-night deadlines and rules that allow time for the postal service to deliver ballots postmarked by or before Election Day. In past cycles, federal courts split over whether states could extend receipt deadlines due to emergencies or whether legislatures alone set the terms, a conflict that drew the Supreme Court into emergency rulings in 2020, as covered by Reuters.
Across the country, policies vary. Eighteen states and the District of Columbia accept mailed ballots that arrive after Election Day if they are postmarked on or before Election Day, while others require ballots to be in hand by poll closing, according to NCSL. Those differences can swing close counts at the margins because late-arriving ballots are a small but measurable share of all mail votes, as detailed in federal election administration surveys by the EAC.
Legal scholars say the Court’s opinion could clarify how far courts may go to adjust election rules in the run-up to voting and whether receipt deadlines implicate federal statutes like the Civil Rights Act’s materiality provision, which has surfaced in mail-ballot litigation, according to analysis by the Brennan Center for Justice and coverage by SCOTUSblog.
Local Repercussions: Bismarck Voter Concerns
North Dakota already permits some late-arriving ballots to count: absentee ballots must be postmarked no later than the day before Election Day and received by county canvass, which typically occurs within 13 days of the election, according to the North Dakota Secretary of State (ND SOS). Burleigh County follows the same standard for Bismarck voters, per county election guidance from the Burleigh County Auditor/Treasurer.
If the Supreme Court narrows states’ ability to count ballots that arrive after Election Day, North Dakota may need to revisit timelines or processes, especially for rural and reservation communities that depend on mail service, a point election-policy researchers have raised in national studies, according to the Bipartisan Policy Center. Conversely, if the Court affirms state flexibility, current North Dakota timelines would likely stand, but county offices may emphasize postmark rules more prominently in voter education, based on past practice noted by the ND SOS.
Service note for voters: If you plan to vote absentee in Burleigh County, request and return your ballot early, use a postal acceptance scan before the day-before-Election-Day postmark cutoff, or hand-deliver your sealed ballot to the county auditor by close of polls on Election Day, per ND SOS guidance. For location and hours, check the Burleigh County elections page or call the county auditor’s office.
Diverse Perspectives: National and Local Voices
Republican legal advocates generally argue that firm, Election Day receipt deadlines bolster public confidence and reduce litigation risk, pointing to experience from 2020 emergency cases, according to filings summarized by Reuters. Voting-rights groups counter that counting ballots postmarked on time but delivered later protects lawful voters from mail delays outside their control, a position outlined in reports from the Brennan Center and recommendations from the Bipartisan Policy Center.
In North Dakota, election administrators have emphasized clarity and predictability over last-minute changes, steering voters to request ballots early and to verify postmark deadlines, per public guidance from the ND SOS. Civic groups in the Bismarck-Mandan area have likewise encouraged early voting and clear communication about drop-off options so small businesses and shift workers can plan around long hours, reflecting concerns gathered by local chambers during recent election cycles, according to best-practice roundups from the Bismarck-Mandan Chamber EDC.
What Lies Ahead: Monitoring the Supreme Court Decision
A ruling this term would set expectations for states before general-election preparations ramp up. If the Court limits counting of late-arriving ballots, local offices could adjust voter education, expand drop-off options, or update canvass timelines; if it affirms existing state flexibility, Bismarck’s current postmark-and-canvass framework would continue, per the ND SOS.
To stay current, Bismarck voters can monitor the Supreme Court’s term calendar on SCOTUSblog, review absentee guidance from the ND SOS, and check local logistics with the Burleigh County Auditor/Treasurer. Planning ahead—mailing at least a week early or using in-person delivery—remains the safest way to ensure your ballot is counted under any scenario, per recommendations from the USPS.
What to Watch
The Supreme Court’s decision is expected by late June, in time to influence state guidance before November, according to SCOTUSblog. Watch for updated absentee instructions from the North Dakota Secretary of State and Burleigh County within days of the ruling. If timelines change, expect rapid updates to ballot-request deadlines and drop-off options in Bismarck.
