The State Board of Elections had lengthened the period as part of a late September legal settlement with the North Carolina Alliance for Retired Americans, a union-affiliated group represented by Marc Elias, a lawyer prominent in Democratic circles. The legal settlement, which also loosened requirements for fixing absentee ballots that lacked a witness signature, was approved by a state judge. The settlement said counties should have longer to accept ballots because of possible mail delays.
A federal judge later ruled that counties couldn’t accept absentee ballots that lacked a witness signature but declined to intervene on the deadline extension.
Gorsuch said the state legislature already had responded to voting challenges related to the pandemic by allowing absentee ballots to arrive three days after the election and still be counted. The election board and the state judge “worked together to override a carefully tailored legislative response to COVID,” Gorsuch wrote.