Secretary Read: Supreme Court Protects Oregon Voters’ Right to Have Their Ballots Counted

The Supreme Court ruled 5-4 that states have the authority to count ballots cast by Election Day and received within a post-Election Day grace period

In response to today’s U.S. Supreme Court ruling in Watson vs. Republican National Committee, which maintains states’ authority to count mailed ballots that were cast by Election Day but delivered to elections officials after Election Day, Oregon Secretary of State Tobias Read released the following update for Oregon voters:

“Today’s decision is a win for Oregon voters. The post-Election Day grace period protects thousands of Oregonians’ votes from being thrown out because of delays at the Post Office. This ruling means those legally cast ballots that arrive within 7 days of the election will be counted and those Oregonians’ voices will be heard,” Secretary Read said.

“But my advice to voters has not changed: don’t wait. Vote early and use an official drop box. If you have to return your ballot by mail, do it at least a week before Election Day, especially if you live more than 50 miles from Portland. I want every legal vote in Oregon to count. Our state is stronger when the government answers to the people.”

In 2022, Oregon law established a 7-day post-Election Day grace period that allowed elections officials to count ballots that were cast on or before Election Day but delivered after Election Day. This meant that mailed ballots postmarked by 8 p.m. on Election Day and received within that 7-day window were tallied no differently than ballots received via the mail pre-Election Day.

Over the past four years, tens of thousands of legally cast ballots were received within Oregon’s elections grace periods and counted, protecting those Oregonians’ right to vote.

The post-Election Day grace period also provided an important buffer after recent cuts to the U.S. Postal Service that slowed processing and delivery for all mail (including ballots), particularly for Oregonians who live more than 50 miles outside the Portland area.

The Secretary of State’s office strongly recommends that voters begin researching their choices early, fill out their ballot quickly upon receipt, and use an official ballot drop box to ensure their ballot gets to a county elections office by Election Day.