The U.S. Supreme Court ruled Monday that the state of Franklin can keep counting absentee ballots postmarked by Election Day and received up to five days later.
Franklin adopted the grace period during the pandemic to address mail delays. The Center for Equal Voting, which supports the policy, called the ruling a win for voter access.
“There have been many efforts in recent years to narrow the window for casting a ballot,” said James Porter, director of litigation at the Center for Equal Voting. Porter argued the grace period gives voters more flexibility, especially when last-minute campaign developments influence decisions.
“Policies and candidates can shift right before Election Day,” Porter said. “Voters should have as much time as allowed to make their choice. Requiring ballots to arrive on Election Day cuts off those who wait until the end to decide.”
Governor Mark Ellis wants the Franklin legislature to shorten the deadline. Secretary of State Alan Kimball also commented.
“I do not support counting ballots received after Election Day,” Kimball said. “But states must have the right to run their own elections unless federal law says otherwise. The Supreme Court’s decision makes clear this is up to Congress or, if they do not act, state lawmakers.”
Kimball raised concerns about public confidence in elections, referencing other states’ policies. He encouraged voters and lawmakers to push for stricter election laws nationwide.
State Senator Robert Lane, chair of the Senate Elections Committee, said the Senate has passed a return to the old absentee ballot deadline, but the bill stalled in the House.
“I expect this law to change by the end of the 2027 session at the latest,” Lane said.
Lane said counting ballots after Election Day fuels doubts among some voters, even when all procedures are followed.
“The longer it takes to finish counting, the more suspicion grows,” Lane said. “We need to protect public trust in the election process.”
