On June 29, 2026, the United States Supreme Court decided that mail-in ballots that were sent in before Election Day can be counted after Election Day. This decision does not apply to Minnesota but is still important for voters with disabilities who use and rely on mail-in voting. Here’s some background on the decision and how you can use mail-in/absentee voting in Minnesota and make sure your ballot is counted.
United States Supreme Court Mail-In Ballot Decision Background
There are 14 states (not including Minnesota) and Guam, Puerto Rico, the Virgin Islands, and Washington, D.C. that allow a “grace period” for mail-in ballots to be counted if they were postmarked before Election Day but received after Election Day. The grace periods were challenged in a lawsuit as being illegal. The United States Supreme Court, in Republican National Committee v. Watson, resolved the legal challenge by saying that states can choose to count ballots received after Election Day.
This is an important decision because many people with disabilities in these states and territories choose to vote by mail.
Again, this decision does not apply to Minnesota because Minnesota does not have a grace period. In other words, in Minnesota if your ballot is not received by Election Day, it will not be counted, see Sec. 203B.08 MN Statutes.
Using Mail-in/Absentee Voting in Minnesota and Making Sure Your Vote is Counted
If you want to use mail-in/absentee voting, you’ll need to first request a mail-in/absentee ballot. Find out how to do that on the Minnesota Secretary of State website.
If you need an accessible absentee ballot (as required by the Americans with Disabilities Act), you can ask for one online or with a downloadable PDF application and then contact your county elections office to let them know you want an accessible ballot.
Next, once you have your mail-in/absentee ballot, you’ll need to return the ballot on time. The Minnesota Secretary of State has important resources on how to do that by returning your ballot by mail, dropping it off, using a Ballot Drop Box, and allowing someone to drop off your ballot for you. See all the resources and tips on the Minnesota Secretary Of State's Return your ballot page.
Also, the SOS notes that “some cities and towns vote by mail.” And that some places“ send ballots to every registered voter instead of having an Election Day polling place. Ballots sent to voters this way may be dropped off at the election office as late as 8 p.m. on Election Day.”
If you choose mail-in/absentee voting, you also track your ballot on the MNVotes Ballot Tracker page.
If you have questions about voting rights, contact Dan at dans@mcil-mn.org.
