Update (10/29, 12:22 p.m.):
Attorney General Ford has issued a statement after the recent Nevada Supreme Court ruling regarding counting mail-in ballots:
"Today’s win is a victory for democracy and Nevadans’ right to vote by mail. I am pleased the Nevada Supreme Court upheld this reasonable statute, which protects Nevadans’ right to vote from United States Postal Service error. Lawsuits like this are designed to sow distrust in Nevada’s electoral process, which is free, fair and protected against bad actors. There has never been evidence of any mass voter fraud in Nevada, and this lawsuit was another bad faith attempt to restrict Nevadans’ ability to vote."
Under Nevada statute, a mail ballot that is received no later than 5:00 p.m. on the third day after Election Day where a postmark date can't be determined will be deemed to have been posted by Election Day.
ORIGINAL STORY:
The Nevada Supreme Court has ruled that mail-in ballots without a postmark can be counted after Election Day.Â
The decision affirms a lower court's ruling.Â
Several Republican led groups, including the RNC, sued the Nevada Secretary of State over ballots received after Election Day.
In its ruling, the Nevada Supreme Court says, "the RNC argues that it demonstrated a likelihood of success on two issues. First, the RNC contends that it is likely to succeed on its argument that NRS 293.269921(2) precludes the counting of mail ballots received within three days after election day that are not postmarked. Second, the RNC argues that it was likely to succeed on its argument that the Secretary of State's memorandum interpreting NRS 293.269921 violated the notice and hearing requirements in the Nevada Administrative Procedure Act (APA)."
Under Nevada law, ballots must be postmarked on or before Election Day and received by clerk offices by the fourth day following to be counted.
"Even if the RNC had demonstrated a likelihood of success on the merits, it failed to demonstrate it would suffer an irreparable harm warranting a preliminary injunction, and that an injunction would outweigh "the potential hardships to the relative parties and others, and the public interest..." stating that the RNC failed to meet its burden.Â
"The RNC also fails to demonstrate that the potential hardship to others and the public interest favors granting the preliminary injunction."
ORIGINAL STORY:Â
The Nevada Supreme Court heard arguments Tuesday over mail-in ballots -- and the postmark dates required of them.
Several Republican led groups, including the RNC, are suing the Nevada Secretary of State over ballots received after Election Day.
Under Nevada law, ballots must be postmarked on or before Election Day and received by clerk offices by the fourth day following to be counted.
The GOP does not want that to be the case for those without a postmark.
Attorneys on behalf of the state argued if a ballot is received without a postmark during that time period allowed by law it could be a post office mistake - and should not fall on the voter.
It's not clear when a decision on the issue could be made.
