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March 24, 2026, 9:07 p.m.

Monitoring the Midterms: Supreme Court hears mail-in ballot case that could impact the midterms

SUMMARY

The Supreme Court heard a case that could reshape how millions of mail-in ballots are counted in this fall's elections. Some states count mail-in ballots that arrive after Election Day as long as they are postmarked by Election Day. The Republican National Committee is challenging that procedure. Ali Rogin discussed the case with Nate Persily, an election law scholar at Stanford University.

View the transcript of the story.

NOTE: If you are short on time, watch the video and complete this See, Think, Wonder activity: What did you notice? What did the story make you think? What would you want to learn more about?

News alternative: Check out recent segments from the NewsHour, and choose the story you’re most interested in watching. You can make a Google doc copy of discussion questions that work for any of the stories here.

WARM-UP QUESTIONS

  1. Who is the plaintiff (the side who brought the case) in the case before the Supreme Court?
  2. Why did the plaintiff sue? What are their core arguments?
  3. What are the different arguments Justice Samuel Alito and Justice Ketanji Brown Jackson make regarding the meaning of Election Day?
  4. When is the Supreme Court expected to decide on the case?
  5. How would the Supreme Court's ruling affect the 2026 midterms, according to Nate Persily?

ESSENTIAL QUESTIONS

  • How do you think the Supreme Court should rule in this case?
  • Why has the issue of mail-in voting become divided along political party lines?

Media literacy: Nate Persily is a Stanford University election law scholar. What additional experts would you like to hear from? How could you find out where the electorate stands on the issue of mail-in ballots?

WHAT STUDENTS CAN DO

Take a look at the map below. Does your state accept mail-in ballots after Election Day?

Activity: Learn more about what is going on in your state by reading a 1-2 stories about mail-in ballots. Start by looking up one of your state capital's main newspapers. You can find of newspapers on Wikipedia here. Scroll down to the section "United States newspapers by state and territory." Click on your state and find your state capital newspaper. If you are not sure what is one of the main daily newspapers for your state's capital, conduct some online research.

Credit: PBS News Hour screenshot from Supreme Court hears mail-in ballot case that could impact the midterms segment

What did you learn about mail ballots in your state? Did anything surprise you? Did anything you read make you want to write to your elected officials?

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