Overseas voters know that they already face more and higher barriers to exercising their constitutional right to vote than their compatriots in the United States. Several new factors are combining to reduce the time that overseas voters have to vote. They are yet another reason to make a plan right now to ensure that you can vote in 2026.
New barriers: challenges to ballot deadlines and a rule change
The Supreme Court is hearing two cases that challenge the right for votes to be counted if mail-in ballots arrive after Election Day: one filed by a congressman and the other resulting from a court decision about state law in Missisippi:
Mississippi is one of 16 states and the District of Columbia that accept mailed ballots received after Election Day as long as the ballots are postmarked on or before that date, according to the National Conference of State Legislatures.
An additional 14 states allow the counting of late-arriving ballots from some eligible voters, including overseas U.S. service members and their families, … .
The Supreme Court is likely to decide both cases in time for the results to affect the 2026 elections.
No doubt completely by coincidence, The United States Postal Service has just changed its practices about postmarking. This means that the postmark will show when the mail was handled, not necessarily when the US Postal Service received it:
If you rely on postmarks when casting your ballot, filing your taxes or paying bills, a new US Postal Service rule makes it clear that you should plan ahead.
Postmarks – which include a date stamp from the USPS – can offer proof that a piece of mail, such as a ballot, was turned in by a legal deadline.
But the new rule, which went into effect last week, clarifies that a postmark does not “necessarily” reflect the date the USPS “first accepted possession” of the piece of mail (emphasis added).
The need for speed: make your plan to vote in 2026
Looking at the court cases and the reduced accuracy of postmarking, it is easy to see that they may reduce the already short time that overseas voters have to register to vote and to receive, complete and return their ballots in 2026.
So make a plan to ensure that you are registered and cast a valid ballot. Start by confirming your voter registration with your state. Some states require absentee voters to register annually, so you may need to re-register. Go to the Federal Voting Assistance Program (FVAP) or to the US Vote Foundation to register to vote/request a ballot and more. Follow a few simple steps to vote in the 2026 US elections.
- Register/Request your ballot as soon as possible.
- Receive and complete your ballot, carefully following the instructions accompanying it.
- Return your completed, signed ballot as fast as possible.
Voting from overseas is a little like taking a test in school: you have to follow all the instructions to ensure that your ballot will be counted, as well as completing and returning your voted ballot as fast as you can.
See further details here: the advice is still valid.
Questions? Contact FAWCO’s US Voting Committee (email: ).
External sources
Supreme Court revives GOP congressman's challenge to late-arriving mail ballot law. Washington Post, January 14, 2026.
Sherman M. Supreme Court will decide whether states can count late-arriving mail ballots, a Trump target. Associated Press, November 10, 2025).
Schouten F. Ballots, tax returns and other important mail may not get postmarked the day you turn it in, Postal Service warns. CNN, Dec 31, 2025