State Laws Could Push Ballot Counting Beyond Election Day in Some Swing States

The timeline could stretch days after Election Day based on how each state regulates late mail-in ballots.

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Laws dictating how late mail-in ballots can be accepted differ from state to state. In some of the 2024 swing states, the timeline could stretch days after Election Day, Nov. 5, based on when ballots are accepted, processed, and counted.

Here are some dates and laws to keep in mind. In Nevada, mailed ballots can be accepted as late as four days later, by 5 p.m.



on Nov. 9, if they are postmarked no later than Election Day under state law. Ballots that arrive days after Election Day with unclear postmarked dates are also acceptable by Nevada law.

State and national Republicans challenged the post-Election Day ballot acceptance standard through a lawsuit. A judge dismissed the case in July, saying the plaintiffs did not have standing. Nevada stands in stark contrast to North Carolina and most other battleground states.

Pennsylvania and Wisconsin are exceptions. Canvassing of additional absentee ballots must commence by the third day after Election Day and, for military ballots received, “shall continue through the eighth day following the election.” Between Nov.

5 and Nov. 25, candidates could launch various challenges to results. On Sept.

13, Pennsylvania’s Supreme Court ruled against counting inaccurately dated mail ballots. The release or possession of early results is a class 6 felony in the state, which could potentially translate to a prison sentence. The deadline for Arizona’s official canvass of results is Nov.

25, 2024. Arizona is notorious for taking a long time to count all its ballots. Additional processing steps begin at 8 a.

m. on the third Monday before Election Day, when verified and accepted ballots are opened and scanned. Those ballots are counted starting at 7 a.

m. on Election Day. Smaller jurisdictions can rely on such a board to start the processing and tabulation of such ballots the day before Election Day.

Otherwise, absentee ballots can start being counted at 7 a.m. on Election Day.

In Nevada, mail ballot signatures are verified upon receipt..