Republicans file lawsuit to block count of Nevada mail ballots received after Election Day

LAS VEGAS– The Republican National Committee filed a federal lawsuit Friday to prevent Nevada from counting mail-in ballots received after Election Day, as state law currently allows.

The law, passed by Democrats in 2021, allows the counting of ballots received up to four days after Election Day, provided the envelopes are postmarked before the end of the day. The lawsuit says the provision also assumes that envelopes received three days after Election Day and not postmarked otherwise have been mailed on time.

Republicans argue that this violates the U.S. Constitution’s requirement for a single election day.

“Nevada’s ballot receipt deadline clearly violates federal law and undermines election integrity in the state,” RNC Chairman Michael Whatley said in a statement. “Ballots received days after Election Day should not be counted.”

The lawsuit comes after Republicans sued to overturn laws allowing the counting of ballots received after Election Day in Mississippi and North Dakota, and is the 83rd election-related lawsuit the party has filed six months before Election Day. That’s a sign of both the increased pace of election-related lawsuits and the party’s focus on fighting over election rules after former President Donald Trump installed loyalists who parroted his false claims that the 2020 election was stolen from him.

Nineteen states, including Nevada, allow ballots to be counted if they are received after Election Day. Supporters of these rules say they make voting easier and ensure that those who vote by mail have the same amount of time to make a decision as those who vote on Election Day. Opponents claim they delay election results, undermine confidence in the system and could be exploited.

“I hope the RNC puts as much time and energy into educating voters on how to participate in elections as it does into suing the state of Nevada,” Democratic Secretary of State Francisco Aguilar said in a statement.