US judge dismisses Republican challenge over counting of post-Election Day mail ballots in Nevada
RENO, Nevada — A federal judge on Wednesday dismissed a lawsuit filed by state and national Republicans that sought to prevent Nevada from counting ballots received after Election Day.
A state law passed by Democrats in 2021 allows election officials to count ballots received before 5 p.m. on the fourth day after Election Day, provided the envelopes are postmarked before the end of Election Day.
The judge rejected Republicans’ claims that the rule was unconstitutional and a violation of federal law, as well as their claim that the rule gave Democrats an unfair electoral advantage and weakened the power of Republican votes.
The lawsuit was filed in May by the Republican National Committee, the Nevada Republican Party and the campaign of former President Donald Trump. It names Nevada’s Democratic Secretary of State Cisco Aguilar and other local election officials as defendants.
Aguilar’s office declined to comment on the firing.
In a statement, Claire Zunk, Election Integrity spokesperson for the Republican National Committee, said the deadline for mail-in voting after Election Day still violates federal law and that “a liberal judge wrongly dismissed our case.”
“We are committed to protecting the vote and we will pursue further legal action in this matter,” Zunk said.
The Nevada GOP and the Trump campaign did not respond to requests for comment.
The post-Election Day count is part of Nevada’s universal vote-by-mail system, which sends a ballot by mail to every eligible voter unless they choose not to vote.
Nevada is one of 19 states that allows ballots to be counted if they are received after Election Day. Supporters of the rules say they make voting easier and ensure that those who vote by mail have as much time to decide as those who vote on Election Day. Opponents argue that the practice slows down the counting of election results and undermines confidence in the system.
The lawsuit was one of dozens filed by the party. contested election rules after Trump loyalists perpetuated claims about the 2020 election that was stolen from him.
Biden defeated Trump in Nevada in 2020 by just under 2.5%, or 34,000 votes. Both candidates have made frequent stops in the western swing state in the run-up to November, including on Wednesday when Biden tested positive for COVID-19.