>> The U.S.

Supreme Court is weighing whether to count mail-in ballots that arrived after Election Day, but are still postmarked on time, Illinois, except ballots up to 2 weeks later, more than a dozen dozen other states have similar laws.

Republican National Committee argues that counting these late arriving ballots undermines public trust and the justices appeared divided as the decision looms ahead of November election.

Joining us to talk about this are Harold Krantz, professor of Chicago can't College of Law and Jake Braun, director of the Cyber Policy initiative at the University of Chicago and former acting principal cyber director under the Biden administration.

Gentleman, welcome back.

Thanks for joining us.

Very Harold Krantz over to you first.

Bring us up to speed, please.

On this case out of Mississippi, it's Watson versus the Republican National Committee.

What are the arguments here?

>> Sure.

this all has to do a statutory construction, Congress and several occasion has define what is Election Day.

And as you probably know, it's defined first 45 is the first Tuesday after the first Monday in November.

So what this election day to doesn't mean when cast ballots, which is a mean 1, one receives bounce, the Mississippi like Illinois, New York, California allows for a grace period in Mississippi skates up to 5 days because of the uncertainty, the mail when the bad old may be returned.

And so the challenge of the Republican National Committee is that and Election Day means you have to not just cast ballots received balance.

So that is the statutory linchpin of the argument before the Supreme Based upon the statutory language, the history, the structure and just the ramifications of allowing this grace period for absentee ballots.

>> Jake Braun, President Trump claims that mail-in voting is not secure we do know that, you know, letter carriers, mail carriers, they can get robbed any of us have experienced male getting lost in transit.

How safe of an option is?

Is the U.S.

Postal Service for voting for ballots?

>> All right.

Incentives for the safest.

One of the reasons is that everybody who vote absentee votes on hand marked paper ballot, which is by far and away the most secure way to them.

interestingly, you know, ballots are transported from the precinct to the office.

The county officer City office, where they're connect with their kind the vehicle already.

It's not like things are are transported in armored vehicles.

Like you see picking a money from the from the bank.

And so there's just as much opportunity for the boats to get tampered with or whatever between the priest seem the county as they would be from voters.

House to the county.

So there's there really shouldn't be any increased risk in terms of security.

And in fact, there's shooter added benefit of people voting on hand.

Mark paper ballots.

>> Hammer, Park paper ballots electronic balloting, which you discussed here on this program, which is much more vulnerable to security problems.

Exactly.

Herald has mentioned the RNC.

They claim that the state's counting mail-in ballots past Election Day are defying federal law.

Is that accurate?

Is is it up to is that based on their interpretation of what the law says about Election Day?

>> What based on what the election day meetings.

And we've had absentee ballots ever since the Civil War.

that's expanded.

people are out of the People are working out of People are sick and states have recognized the difficulties on voting in these concerts.

So the understood given accommodation to individuals to vote by mail and again, about 15 states have said, you know, we can vote by but we'll get make the grace period to make sure the ballots arrive.

And so the history suggest that this is find Congress knows about this practice.

It most recently passed a statute, another election statue a couple years ago.

It hasn't changed so it's kind of a strange move by RNC and the Trump administration to change something which has been practiced for over 100 which has been recognized sent just to vote absentee as long as it's countered with a grace period, you're still voting on Election Day.

But that's the question for the Supreme Court.

And the Supreme Court was very divided and it's I don't think is great consequence comparison to the say vaccinations.

But nonetheless, it's an important issue.

>> Yesterday Supreme Court justices Herald, they also raised concerns that if the GOP is reading of election law is correct.

Then the court's ruling could also have implications for early voting.

What kind of concerns do you have there?

>> I do have concerns because if Supreme Court there decides you have to not only cast Oprah receivable.

Maybe they are suggesting that everything has to be past on the of of the first Tuesday after first Monday November.

And that would suggest early voting would be knocked out as well.

Not really voting is so important in terms of not we can hear from Jake about security.

But in terms of just allowing people to vote, not worry about their jobs, not worry about being sick and be able to use the flexibility to vote ahead of time.

If we band early voting.

That was certainly dampen the people's willingness to go to the polls who certainly bring down the numbers of people voting making their voice heard.

>> So Illinois law, Jake allows mail-in ballots to be counted up to 2 weeks after an election.

Should there be a national standard for when ballots must be received or should it continue to be set on a state-by-state basis?

>> You know, the federal government has provided has spent commissioner several requirements of the years in terms of voting.

If they wanted to make one, you know, I'm no lawyer here.

So we folks on But there's no security reason why you couldn't come in 2 weeks after the election and have the election not be just as secure as it would have been had.

They all come in on Election Day.

>> Should there be Jake Safeguard?

Are there safeguards that are already in place to protect mail-in balloting and should there be more?

>> Absolutely.

There there are, for example, on one of the great things about mail-in ballots is that many places they counted where you have full watchers from both parties sitting there because they're they're often counted in one place, whereas in precincts, oftentimes one part of the other.

You know, because people tend 10 to consolidate around their own their own party.

One party the other off attempts people are going to precincts.

But they'll almost always confined of both parties can almost always find somebody go to the county county.

That's a So you have one of the best security measures ever, which people from both sides.

Some there want to make sure every single ballot was cast appropriate for but was cast appropriately and that security measures is incredibly important and again made all the more possible through and paper ballots, which you don't have that people are voting voting machines that particular, those that don't paper records.

>> Carol, that the court should rule in favor of the RNC.

And of course, the Trump administration who would be most affected by that decision.

>> Well, ironically current hits Alaska mask as one of the most difficult transportation systems to voting rules on anywhere difficult situation in terms of mail.

And I think they would be affected the most.

think this really is a partisan issue should be American issue because we want to encourage people to vote and we don't want to dampen participation in our republic.

my fear is Supreme Court.

We don't do that.

It's not so much a Republican Democratic system really is just a matter of encouraging people to take participate and take a stake in country.

And again, there people in remote areas, people bad transportation and the people who were just unlucky in terms giving mail carriers or we will carry who are will be the ones who are the most affected.

>> Lawmakers in the Senate, they're battling over the Save Act Herald.

In part it would outlaw mail-in voting for people without a quote, legitimate excuse like living abroad having a debilitating injury.

What concerns do you have with the save act legislation?

>> We'll see that I think is is far more of a threat to the republic.

do the washing case that we've been discussing event requires documentation, documentation and many people don't have.

We're not aware where it You have to actually show the documentation in person.

So you have to get used to to pass, pass you to find some cases a marriage certificate because your name is changed to in order to prove that you are eligible vote, you actually have to then collect documentation that may not be enough.

Maybe different It may be lost.

And so that would certainly dampen participation rates.

I think far more than what the cutoff that's it's taking the watching rain we've been discussing.

>> Yeah.

And that is a much more controversial part of that particular act as well.

In addition to what it says about mail-in voting, which has gotten a little bit less attention, that's where we'll have to leave it now.

For now, though, Harold Krantz and Jake