Nevada Supreme Court Rules on Mail-In Ballots
Mail-In Ballots Can Be Counted Up to Three Days After Election Day
According to a ruling by the Nevada Supreme Court on October 28, mail-in ballots can be counted up to three days after Election Day. The court rejected a challenge to a state law that states ballots that arrive without clear postmarks, as long as they're received no later than 5 p.m. on the third day after the election, are to be counted as having been postmarked on or before Election Day.
Nevada Officials' Interpretation of the Law
Nevada officials have interpreted this law to mean that ballots without any postmarks can be counted. The Nevada Secretary of State's Office issued guidance to county clerks earlier this year, stating that a mail-in ballot that has no visible postmark should be accepted if it has been received by the clerk by mail no later than 5 p.m. on the third day following the election.
Republicans' Argument Against the Law
Republicans argued that the law's requirement for ballots to be "postmarked" and the exception for ballots for which "the date of the postmark cannot be determined" implies that postmarks are still necessary. They made this argument in an appeal to the Nevada Supreme Court.
Nevada District Court Judge's Ruling
In an order issued in August, Nevada District Court Judge James Russell ruled that the provision allows mail-in ballots without postmarks to be counted. He also stated that Republicans had failed to demonstrate that it was in the public's interest to disenfranchise voters.
Nevada Supreme Court's Ruling
On October 28, the justices stated that they assumed Republicans had standing, or a sufficient connection to the guidance, based on competitive injury. However, they upheld the lower court decision because they believed Republicans are not likely to win their case.
Reaction to the Ruling
The Republican National Committee spokesperson responded to the ruling, stating that it goes against the state law. They argued that requiring ballots to be postmarked on or before election day is a critical election integrity safeguard that ensures ballots mailed after election day are not counted. They also stated that by allowing Nevada officials to ignore the law's postmark requirement, the state's highest court has undermined the integrity of Nevada's elections.
Views of Justice Douglas Herndon and Justice Kristina Pickering
Justice Douglas Herndon concurred with his colleagues on Republicans not showing they will suffer irreparable harm without an injunction. However, he sees the law as unambiguously not allowing the counting of ballots without postmarks. Justice Kristina Pickering stated that Republicans were not arguing that every ballot needed a postmark but only ballots that arrive in the days after the election. She also shared Herndon’s concern with the majority’s decision.
Bottom Line
This ruling by the Nevada Supreme Court has significant implications for the counting of mail-in ballots. It raises important questions about the interpretation of election laws and the balance between ensuring election integrity and making voting more accessible. What are your thoughts on this issue? Do you agree with the court's ruling? Share your thoughts and this article with your friends. Don't forget to sign up for the Daily Briefing, which is available every day at 6 pm.
