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The Nevada Supreme Court ruled Monday that mail-in ballots that arrive without postmarks can be counted until four days after Election Day.
Monday’s ruling upholds a previous decision issued by a lower court, which rejected a lawsuit filed by the Republican National Committee seeking to challenge Nevada’s post-election day deadline for mail-in ballots. Plaintiffs argued that the state’s decision to count ballots that lacked postmarks, which is also the state’s deadline for postmarked ballots, was unconstitutional.
They had requested an injunction to halt the counting of such ballots earlier this year, though this was denied by a lower court.
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On Monday, Nevada’s high-court affirmed the lower court’s decision in its majority ruling, claiming that the RNC failed to demonstrate evidence that counting un-postmarked ballots for several days after the election creates conditions for voter fraud or favored one political party over another. The Nevada Supreme Court also agreed with the lower court’s determination that the lawsuit lacked standing.
“If a voter properly and timely casts their vote by mailing their ballot before or on the day of the election, and through a post office omission the ballot is not postmarked, it would go against public policy to discount that properly cast vote,” the majority of judges wrote in their opinion.
The issue of counting mail-in ballots that lacked postmarks was a major point of contention in the 2020 election. In Pennsylvania, the state’s high court recently ruled that mail-in ballots can be thrown out if voters do not write accurate dates on envelopes they use to return them.
On Monday, the Republican National Committee filed an emergency stay application in the U.S. Supreme Court to further protect the integrity of mail-in ballots in the Keystone State. “Pennsylvania law has critically important safeguards to ensure every legal vote is counted properly. We have filed an emergency application in the Supreme Court to preserve those safeguards. Pennsylvanians’ mail ballots must be protected for our country’s most important election,” said RNC chairman Michael Whatley.
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