The Republican National Committee and state GOP faced a significant setback in their legal battle against Nevada's election officials over the processing of mail-in ballots lacking postmarks.
According to the Washington Examiner, the Nevada Supreme Court's Monday ruling maintained that ballots received within three days after Election Day can be counted, even without postmarks, provided they reach county election officials by November 5.
The decision comes amid heightened tensions between Republican leadership and state election officials, particularly as polls predict a close race between former President Donald Trump and Vice President Kamala Harris in this crucial swing state.
The lawsuit, filed by national and state Republicans earlier this year, contested the constitutionality of Nevada's mail-in ballot deadline. The case specifically targeted Democratic Secretary of State Cisco Aguilar and various county clerks, challenging their implementation of current mail-in ballot laws.
Nevada's existing law provides a four-day grace period for postal delays, allowing ballots with Election Day postmarks to be processed. The controversial aspect centers on ballots without postmarks, which can still be counted up to three days post-election if received by Election Day. RNC spokeswoman Claire Zunk expressed the organization's stance. She stated:
It is also a requirement of Nevada law. By allowing Nevada officials to ignore the law's postmark requirement, the state's highest court has undermined the integrity of Nevada's elections.
The state Supreme Court's 17-page decision highlighted the RNC's failure to demonstrate any partisan advantage in unmarked mail ballots. Their analysis showed that during the 2024 primary, only 24 unmarked mail ballots were received after Election Day, none of which influenced election outcomes.
The ruling upheld an earlier decision by Carson City District Court Judge James Russell from August. Judge Russell emphasized the importance of maximizing voter participation in the democratic process.
The state Supreme Court relied heavily on the 2006 Purcell v. Gonzalez case, emphasizing the public's fundamental right to vote and the need for fair election operations.
The state has implemented significant changes to its voting system since 2021. These modifications include measures to maintain accurate voter rolls by removing ineligible and deceased voters from the system.
Nevada now allows vote counting to begin 15 days before Election Day, a change expected to expedite result reporting compared to 2020. This improvement was evident in 2022 when approximately 90% of votes were counted within three days of the November 8 election.
The state's handling of mail-in ballots differs from other states with similar systems. Colorado requires ballots to arrive by 7 p.m. on Election Day, while Utah mandates postmarks one day before the election but allows several days for receipt.
The Supreme Court's decision represents a definitive statement on Nevada's mail-in voting procedures ahead of the presidential election. This ruling maintains the existing system where ballots can be counted up to three days after Election Day, provided they arrive by November 5.
The outcome reinforces Nevada's position among states modernizing their election processes while attempting to balance security concerns with voter access. As the 2024 election approaches, this decision provides clear guidelines for election officials and voters alike, particularly in what could be another closely contested presidential race in the Silver State.
