Election Day is in just five days, though due to expanded mail-in and early voting, the election has effectively been going on for several weeks. Despite that, which mail-in votes will ultimately be eligible for counting and which will not has only just been finalized in a few key states. In at least one swing state, the question is settled for now but with a major condition.

On Wednesday, the Supreme Court decided not to overrule a decision of the 4th Circuit Court of Appeals, which upheld election rule changes made by the North Carolina State Board of Elections. Republicans sued when the board, without legislative authorization, extended the received-by deadline for mail-in ballots by six days. State law already allows the tabulation of those absentee ballots received “not later than three days after” Election Day, but with the board’s change, counties will be counting ballots through Nov. 12.