there’s gonna be an argument differentiating:

- counting already received ballots after 11/3
- counting ballots received after 11/3

the first one’s a no brainer (imo)
the second one depends on state law

some fed and state courts have tried to take the pandemic into account.
it looks like SCOTUS is sticking with “if the various legislatures wanted to do something they could. and they didn’t. so we won’t”

further some are citing Federal Statute 70.305. as you probably know, your tax return is considered filed if mailed and postmarked by 4/15. because the postal service is a federal agency, etc. so delivering to the USPS is equivalent to delivering to the actual federal agency/bureau. if it’s properly addressed, postage paid, postmarked, etc.

the problem i see here is that the postal service is delivering to state agencies and so it probably doesnt apply at all