Republicans Sue Nevada Over Mail Ballot Counting Deadline

The Republican National Committee (RNC), Trump campaign, and Nevada Republican Party have filed a federal lawsuit against Nevada, challenging the state's law allowing mail ballots to be counted if received up to four days after Election Day. The lawsuit, filed on May 3, 2024, claims that Nevada's ballot receipt deadline violates federal law and undermines election integrity in the state.

This lawsuit has significant implications for the upcoming presidential election, as it could impact the outcome in a crucial swing state. If successful, it could also set a precedent for other states to revisit their mail-in ballot counting deadlines, potentially affecting voter turnout andelection results nationwide.

Nevada's law, passed by Democrats in 2021, allows mail ballots to be counted if received up to four days after Election Day, provided the envelopes are postmarked before the end of the day. The RNC argues that this provision assumes envelopes received three days after Election Day without a postmark were posted in time, which they claim is unconstitutional. "Nevada's ballot receipt deadline clearly violates federal law and undermines election integrity in the state," stated RNC Chairman Michael Whatley. "Ballots received days after Election Day should not be counted — the RNC and our partners are suing to secure an honest election, support Nevada voters, and oppose unlawful schemes."

Why this matters: This lawsuit is the 83rd election-related suit filed by the RNC six months before Election Day, indicating an increased pace of election-related litigation and the party's focus on fighting over election rules. Nineteen states, including Nevada, currently allow ballots to be tallied if they are received after Election Day. Supporters argue these rules make it easier to vote and ensure mail-in voters have equal time to make up their minds, while opponents claim they slow election results, undermine trust, and can be exploited.

Nevada adopted an all-mail voting system in 2021, largely due to the COVID-19 pandemic, which Republicans in the state opposed at the time. The lawsuit targets Nevada Secretary of State Francisco Aguilar, along with the registrars of voters and clerks for Clark and Washoe counties. In response to the suit, Aguilar stated,"Nevada runs some of the most secure, transparent, and accessible elections in the country... Our office will not comment on ongoing litigation, but I hope the RNC is putting as much time and energy into educating voters on how to participate in elections as they put into suing the state of Nevada."

The RNC's lawsuit asks a judge to declare preliminary or permanent injunctions limiting theballotacceptance to Election Day for the November election. A win in Nevada would be crucial for Trump in his presidential election rematch against Biden. The deadline for accepting mail-in ballots falling four days after Election Day means that complete results are not immediately available, which can lead to delays in declaring winners in certain races and create opportunities for false narratives about the election.

Key Takeaways

• RNC, Trump campaign, and Nevada GOP sue Nevada over mail ballot counting deadline.
• Lawsuit claims Nevada's 4-day post-Election Day deadline violates federal law and undermines election integrity.
• Nevada's law allows mail ballots to be counted if received up to 4 days after Election Day with pre-Election Day postmark.
• This lawsuit is the 83rd election-related suit filed by the RNC 6 months before Election Day.
• A win in Nevada would be crucial for Trump in his presidential election rematch against Biden.