The Nevada Supreme Court ruled Monday that mail-in ballots with smudged, indecipherable or missing postmarks can be counted for up to three days after polls close on Election Day.
The state’s highest court rejected a bid by state and national Republicans, former President Donald Trump’s presidential campaign and a voter, Scott Johnston, to block them from being counted. Among the GOP arguments was that mail ballots unfairly benefit Democratic voters.
The court challenge came after Nevada Secretary of State Cisco Aguilar, a Democrat, told county election officials in May that ballots without a visible postmark should be counted until 5 p.m. the Friday after Election Day. This year, that is Nov. 8.
Republican National Committee spokesperson Claire Zunk said in a statement the court decision "undermined the integrity of Nevada’s elections.”
The ruling upheld a decision in August by state court Judge James Todd Russell in Carson City, and followed oral arguments before the seven-member court Oct. 8. It was not clear Monday if plaintiffs will ask the seven justices to reconsider.
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.
"The RNC also fails to demonstrate that the potential hardship to others and the public interest favors granting the preliminary injunction."
Nevada has nearly 2 million active registered voters, and Aguilar's office reported Monday that more than 643,000 mail, early and overseas votes have been cast. Of those, nearly 40% were registered Republicans, almost 35% were Democrats and about 25% were neither of those parties. Early voting ends Friday.
ORIGINAL STORY:
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.
