The Republican National Committee has taken legal action by filing a federal lawsuit against Nevada in an attempt to prevent the state from counting mail ballots that are received after Election Day. The current Nevada law, enacted by Democrats in 2021, allows for the tallying of mail-in ballots received up to four days after Election Day, provided they are postmarked before the deadline. The lawsuit argues that the provision also assumes that envelopes received three days after Election Day without a postmark were sent in time, which the Republicans claim violates the U.S. Constitution's requirement for a single Election Day.
RNC Chairman Michael Whatley stated that Nevada's ballot receipt deadline is in violation of federal law and undermines the integrity of the state's elections, emphasizing that ballots received after Election Day should not be included in the count.
This legal action is part of a broader trend, with Republicans challenging similar laws in other states such as Mississippi and North Dakota. The lawsuit against Nevada marks the 83rd election-related suit filed by the party six months before Election Day, reflecting an increased focus on election rules following the 2020 election and former President Donald Trump's claims of election fraud.
While Nevada is one of 19 states that allow the counting of ballots received after Election Day, proponents argue that such laws facilitate voting access and provide mail-in voters with equivalent decision-making time as in-person voters. On the other hand, opponents raise concerns about delayed election results, decreased trust in the electoral process, and potential for exploitation.
In response to the RNC's legal action, Nevada's Democratic secretary of state, Francisco Aguilar, expressed hope that the party would prioritize voter education alongside litigation efforts. The outcome of this lawsuit could have significant implications for mail-in voting procedures and election integrity in Nevada and beyond.
