Nevada’s Supreme Court rules to count mail-in ballots without postmarks up to three days after Election Day, sparking concerns over election integrity.
At a Glance
- Nevada Supreme Court allows counting of mail-in ballots without postmarks for three days post-Election Day
- Decision upholds 2021 law permitting counting of ballots with indeterminable postmark dates
- Republicans’ lawsuit to block the rule, citing potential fraud, was rejected
- Ruling emphasized the importance of counting all legitimate votes
- Decision seen as setback for national GOP organization in Nevada, a key swing state
Court Upholds Controversial Mail-In Ballot Rule
The Nevada Supreme Court has delivered a significant blow to Republican efforts to tighten mail-in voting rules in the state. The court ruled that mail-in ballots without postmarks can be counted for up to three days after Election Day, rejecting arguments from the Republican Party that such a practice could lead to potential fraud. This decision upholds a 2021 law that allows for the counting of ballots even when the postmark date is indeterminable.
The ruling comes as a setback for the national GOP organization in Nevada, a crucial swing state where the presidential race between Donald Trump and Vice President Kamala Harris is expected to be closely contested. Republicans had filed a lawsuit to block this rule, citing concerns over election integrity and the potential for fraudulent votes to be counted.
Nevada Supreme Court Upholds Ruling Allowing State To Accept Mail-In Ballots Without Postmarks 3 Days Post-Election https://t.co/ooQHz6QTlB #OAN
— One America News (@OANN) October 29, 2024
Court Emphasizes Voter Rights and Lack of Evidence
In their decision, the justices emphasized the importance of protecting voters’ rights and ensuring that all legitimate votes are counted. The court noted that the Republican National Committee (RNC) failed to provide sufficient evidence of voter fraud or inadequate election security measures that would justify rejecting ballots without postmarks.
This sentiment was echoed by Carson City District Court Judge James Russell, who initially upheld the provision. The Supreme Court justices further argued that rejecting timely mail ballots due to postal service omissions would go against the strong public interest in exercising the right to vote.
Republican Response and Future Implications
Despite the setback, some Republicans view the case as an opportunity to bring the issue to the U.S. Supreme Court, potentially impacting ballot counting practices in about 20 states. Michael Whatley, representing the Republican perspective, stated, “This is a major win for election integrity, upholding the law and commonsense ballot safeguards.”
The Republican Party of Nevada has not yet commented on the ruling. However, the decision represents a significant loss for the RNC in Nevada, following previous unsuccessful lawsuits challenging the state’s mail-in ballot process and voter registration records.
Concerns Over Election Integrity
While the court’s decision aims to protect voter rights, it has raised concerns among some about the potential for election irregularities. Critics argue that accepting ballots without clear postmarks could open the door to late voting and compromise the integrity of the election process.
“If a voter properly and timely casts their vote by mailing their ballot before or on the day of the election, and through a post office omission the ballot is not postmarked, it would go against public policy to discount that properly cast vote” remarked the Justices.
As the 2024 election approaches, this ruling is likely to fuel ongoing debates about mail-in voting procedures and election security measures. With Nevada’s status as a swing state, the impact of this decision could potentially influence the outcome of the presidential race, making it a focal point for both parties in the coming months.
Sources:
Nevada Supreme Court Rules Ballots Received After Election Day Without Postmarks Can Be Counted
Nevada can count late ballots – Supreme Court Rules
2024 Election: Nevada Supreme Court Lets More Ballots Arrive
