Maybe watching him explain on a video will help:
Yes, someone already pointed out the SC ruled that allowing ballots to be counted after election day is constitutional.
I disagree but what do I know. The reality is that the constitution authorizes states to determine the time and manner of elections. But feral law makes the first Tuesday after the first Monday in November election day.
2 US Code 7
"The Tuesday next after the 1st Monday in November, in every even numbered year, is established as the day for the election, in each of the States and Territories of the United States, of Representatives and Delegates to the Congress commencing on the 3d day of January next thereafter."
This law, to me, sets a specific date for elections for federal offices. While the constitution does give states the authority to determine the time and manner of elections, it also gives congress the power to set parameters about the time and manner.
Article 2 Section 4
"The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof;
but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators." (their spelling, not mine).
To me this means the federal law specifying election day supersedes the constitution by authority of the constitution. Unless you use Clintonian logic to define "election" meaning a monthlong process instead of what the law says about it being a day, all these laws for early voting, late mail-in ballots etc, are illegal.
And if you go back to those times when these laws were written it was about people showing up to a place to vote. Even the choice of day of the week was to give people a chance to get to the place to cast their vote which was often many miles from their homes. I am certain that when election day was established in 1845 we had a functional postal system. But voting was still an in person endeavor.