chriscbear said:
My wife worked in the County Clerks office for 37 years and they worked elections every 2 years. When it comes to provisional or absentee ballots, they have to be in the County Clerks Office by election day, Nov 3rd, not Nov 4th or Nov 5th or Nov 6th. Under state law those ballots that arrive after Nov 3rd are not valid and should not be counted. I hope Scottus has the stones to those them out but we will see.
First, we have no idea whether late arriving ballots mean anything. They haven't been counted yet because at the earliest they got here today.
Second. "under state law they have to be here on election day" is true in some states and not others. Many states have laws that allow for late arriving ballots. Until this year, the GOP liked that because the bulk of late arrivers were military ballots.
Third, many states that had the law you described this year extended the deadline based on Covid and mail problems. You can argue whether that was a good decision or not, but the policy is irrelevant. The real questions are whether the extension was constitutional and, if not, what the right remedy is.
The constitution gives the various state legislatures the right to enact the laws governing this sort of thing. The GOP has been arguing that unless it is actually a legal amendment--as opposed to an extension granted by a court or state election office--that the act is unconstitutional.
There are a couple of problems with that argument, but the GOP won some (Tex) and lost some (N.C.) and punted on some (Pa.). The states then held the election
based on the Court's rulings. The Court is going to be hard pressed to throw out votes that met the guidelines it already issued; the voter gets penalized for voting in a way that eh state said was ok and the Court approved.
As to Pa., that last cause is an oversimplification, but I don't have time to write out the whole thing.
Bottom line though is that it is not nearly as simple as you would like to make it.