Richard Bernstein has posted this draft article. From the summary :

Perhaps the legal issue that will affect the most votes in upcoming federal elections is whether, in a federal election, a statute of a state or D.C. may permit the counting of mail-in ballots that are postmarked by the federal election day – November 3 in 2026 – but received by a later deadline set by the state or D.C. statute. The Supreme Court is currently considering whether to decide this issue in Watson v. Republican National Committee, No. 24-1260 (“ Watson ”), a case involving Mississippi’s statute. Even if the Supreme Court declines to decide this issue in Watson , this issue is also pending in the lower federal courts as part of the challenges to President Trump’s Executive Order 14248, which pur

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