Herring’s attorneys are arguing three points
1. Court lacks subject matter jurisdiction–because the court is created by statute, it can only do what the statute authorizes, which they claim is to only count the very same ballots that were counted on Election Day.
2. The statute says if an AB is not received by closing of the polls, it’s not a valid ballot
3.elsewhere in the statute, absentee ballots are to be counted immediately upon closing of polls, so it can’t be the case that ballots arriving after that time should ever be counted
In summary, this isn’t the forum to decide these issues. They’re properly for a contest in the House or for revisions to the statutes.