Nevada Supreme Court Rules On Counting Ballots Received After Election Day Without Postmarks

Nevada Supreme Court ruled that un-postmarked mail-in ballots-received after the election- must be counted, upholding a lower court’s ruling. 

On Monday, the Supreme Court ruled that absentee mail-in ballots with a postmark can be counted up to four days after Election Day and that mail-in ballots without a postmark can be accepted and processed for up to three days after the general election day on November 5, CBS 8 News Now reported.

Earlier this year, James Russell, Carson City District Court Judge, issued a ruling on the issue, saying, “The public interest is served by ensuring that the maximum number of legitimate voters are counted,” and adding that not counting absentee ballots without postmarks would “disenfranchise voters,” the Washington Examiner noted.

The Nevada Supreme Court upheld a lower court’s ruling Monday, allowing mail-in ballots without postmarks received by Election Day to be counted in the days after the election. https://t.co/rhcuUAQM0f

— David Charns (@davidcharns) October 28, 2024

The announcement comes months after former President Donald Trump’s campaign — along with the Republican National Committee and the state’s Republican Party — filed a lawsuit against the Nevada Secretary of State Cisco Aguilar (D) and several county clerks, arguing that the state’s mail-in ballot deadline was unconstitutional.

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Vice President Kamala Harris and Trump are in a tight battle in the swing state, and the polls continue to show the presidential candidates are basically in a dead heat in Nevada.

Last week, a federal appeals court in Mississippi ruled in the GOP’s favor in another suit that argued mail-in ballots received after Election Day were illegal, the Hill reported.  However, it is unclear if that ruling will affect the 2024 election. The current law allows for mail-in ballots to be received for up to five days after Election Day.

Circuit Judge Andrew Oldham wrote for the unanimous three-judge panel that, “Federal law requires voters to take timely steps to vote by Election Day. And federal law does not permit the State of Mississippi to extend the period for voting by one day, five days, or 100 days. The State’s contrary law is preempted.”

“Congress statutorily designated a singular ‘day for the election’ of members of Congress and the appointment of presidential electors,” the panel added. “Text, precedent and historical practice confirm this ‘day for the election’ is the day by which ballots must be both cast by voters and received by state officials.” 

RNC Chairman Michael Whatley released a statement about the Mississippi ruling, calling it a “major win for election integrity, upholding the law and commonsense ballot safeguards.”

“Voters deserve nothing less than a fair and transparent election which ends on November 5th,” Whatley wrote. “We will continue to defend the law, fight for protection of every legal vote, and stop election interference in our country’s most important election.” 

The appeals court ruling now sends the decision back to the lower court to decide whether the statute will be blocked immediately or whether it’s too close to Election Day 2024 to make the changes, the Hill noted.

Related: Officials In Arizona’s Maricopa County Say Counting Ballots Could Take Up To 13 Days