https://www.washingtonexaminer.com/opinion/byron-yorks-daily-memo-the-election-lawsuit-trump-should-win
THE ELECTION LAWSUIT TRUMP SHOULD WIN. In its effort to challenge vote counts in key states, the Trump campaign has filed lots of lawsuits that have little chance of winning. But there is one suit that it should win — not only for the Trump campaign or the 2020 election but for all elections in the future. It’s the court fight over Pennsylvania’s election rules, and it involves a fundamental issue that is important to all 50 states.
The first thing to remember is that the Constitution gives state legislatures the authority to make rules governing the conduct of elections for federal offices in their state. In October 2019, the Pennsylvania state legislature passed Act 77, which updated and revised the rules for elections in the state. For the first time ever, it allowed all Pennsylvanians to vote by mail if they chose, without requiring that they show they would be absent from their voting district on election day. Remember, this was pre-coronavirus, and Pennsylvania was moving toward greater voting by mail than in the past.
On the question of voting by mail, the legislature made one clear, unambiguous requirement: All mail-in ballots had to be received by 8 p.m. on election day. (It let stand an existing law that allowed military and overseas ballots to be received for seven days after election day.)
Then, in March of this year, after the arrival of the virus, the legislature revisited the law. It made some changes to accommodate voting in a pandemic. It re-scheduled the state’s primary election and included measures to help reduce crowding at polling places. But it left untouched the requirement that all mail-in ballots had to be received by 8 p.m. on election night.