A few swing states could be counting mail-in ballots days after Election Day in a rerun of the 2020 election, according to election law experts, who point to Pennsylvania, Wisconsin and Nevada as the ones to watch in November.

Nevada moved to all mail-in voting in 2022: All registered voters in the state are sent pre-posted mail-in ballots. Absentee ballots in Nevada must be counted by a deadline of seven days after Election Day under state law, according to the National Conference of State Legislatures.

In 2020, Nevada’s results were certified roughly three weeks after Election Day, which fell on Nov. 3 that year. Pennsylvania also certified its results the same day as Nevada.

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J. Christian Adams, president of the Public Interest Legal Foundation, said there’s ongoing litigation in both states over their mail-in balloting laws.

“Things are generally better than they were in 2020, but there are a couple of bad spots,” Mr. Adams said. “Nevada and Pennsylvania are the bad spots.”

“Nevada has the worst mail-in voting system in the country,” he added.

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SEE ALSO: Hundreds of volunteer GOP lawyers gear up in key swing states ahead of November

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In Nevada, Mr. Adams’ organization has sued two counties over alleged issues with its voter rolls in an attempt to remove unverified commercial addresses — like liquor stores and strip clubs — from receiving absentee ballots through its automatic vote-by-mail system.

The Public Interest Legal Foundation sued Clark County, where Las Vegas is located, and Washoe County, which includes Reno, to ensure that commercial addresses on the voter rolls are accurate.

“You can’t go to an auto mail system and not have problems. It is the worst way to run an election,” Mr. Adams said.

Officials in Washoe County did not immediately respond to a request for comment. Officials in Clark County said they cannot comment on pending litigation.

Pennsylvania also has litigation ongoing over mail-in ballot dates.

A state court recently ruled ballots that have a handwritten date missing on the envelope can still be counted. Republicans plan to appeal that ruling to the state’s highest court, according to The Associated Press, which noted that elderly voters tend to have inaccurate or missing information on their ballots.

The state court ruling was a victory for liberal groups that had challenged the date requirement.

And Pennsylvania — as well as the swing state of Wisconsin — do not allow election officials to process the integrity of mail-in ballots before Election Day, says David Becker, an election law expert who worked in the Clinton and Bush administrations and now is executive director of The Center for Election Innovation & Research.

He said that means those two key midwest swing states — worth 19 and 10 Electoral College votes, respectively — will likely be the last to certify their results.

“A national election is not a national election,” he said of the different localities conducting elections in various ways.

But Mr. Becker said transparency is important, so any misinformation about alleged election fraud — like “spreading lies about mail in voting and voting machines and illegals voting … particularly by [former President] Donald Trump” — can immediately be discounted.

“Good faith actors serving as observers for either party of either candidate play an essential role,” Mr. Becker said.

Some states, meanwhile, have implemented more security measures for mail-in voting since the 2020 election.

In Georgia, the state now requires an ID for mail-in voting. North Carolina, similarly, also requires an ID for mail-in voting.

“I think in several places we will be in a better place,” said Hans von Spakovsky, manager of the Election Law Reform Initiative at the Heritage Foundation. “Things have shaped up, so they are a little bit more secure in some of those states.”

“I still don’t think voting by mail is a good idea for people. I think they should only do it if they can’t get to a polling place on Election Day or during the early voting period,” he said.

One major lawsuit hanging over mail-in ballots ahead of November is Republican National Committee v. Wetzel, which is pending before the 5th U.S. Circuit Court of Appeals. It concerns how late ballots can continue to roll in after the election.

The RNC sued a county clerk in Mississippi over the state allowing ballots to be counted up to five days after Election Day. The complaint alleges that it runs afoul of federal election law, which designates one day for the election.

Oral arguments in the case will take place Sept. 24.