Thread by @McAdooGordon

@bradheath Correct. So we’ll see about that. This argument depends on the facts. Ballots cast by or on Election Day - no problem, even if received after Election Day, like military ballots. Courts will say that’s constitutional - the state isn’t changing the date of the election./1

@bradheath “Curing” ballots after Election Day is a step farther. Is that accepting ballots that weren’t cast by Election Day or not? And therefore changing the date of the Election? Conclusions on that could vary depending on exactly how it’s done, but that’s probably constitutional. /2

@bradheath What about counting ballots received after Election Day but for which it can’t be determined whether it was cast by or on Election Day? Is that changing the date? More likely the courts will say yes to that, but again it may well depend on exactly what the statute says. /3

@bradheath What if a state has one or more of these kinds of rules passed by its legislature & then it changes the time periods by a lot - 30 days to cure perhaps? What if the Secretary of State issues a rule that extends them or guidance that substantially changes them? /4

@bradheath So, the answers are going to depend on the degree to which the practice seems to change the date of the Election - which states can’t constitutionally do - & which state actor is doing the changes & how. Some or many practices may be constitutional, some not. It will depend. /5

@bradheath But the basic framework for these questions is the clauses in the Constitution that assign the power to set the date of the election to Congress & the manner of the election to the states, & the tension between them based on what the states do. /6