1. 40 days till Election Day. But “Election Day” is a dangerous misnomer. Congress set the first Tuesday after the first Monday every 4th November as the date for states using a popular election (which all 50 now do) to appoint Electors. 3 USC Sec.1. This year, that’s Nov. 3

2. The day Electors "give their Votes...shall be the same throughout the U.S.," Art. II, Sec.1 (Dec. 14 this year) but no provision of law says Electors, who must all be "appoint[ed] in such Manner as [State] Legislature[s] may direct," must all be appointed the same day.

3. No legal provision, state or federal, purports to permit discarding or declining to count ballots just because they weren't processed by the end of a so-called "Election Day."

4. Any law or executive action purporting to disregard such ballots would deprive those who cast those ballots of their entitlement to vote without due process of law and in violation of equal protection of the laws.

5. That's why Trump's gambit of trying to scare everyone into thinking he can just "get rid of the ballots" he views as questionable and avoid a peaceful transfer of power to anyone but himself, saying "there won't be a transfer, frankly, there'll be a continuation," is just BS.