Nevada Supreme Court rules ballots without postmarks can still be counted

THE NEVADA SUPREME COURT HAS RULED THAT ABSENTEE BALLOTS ARRIVING WITHOUT A POSTMARK CAN STILL BE COUNTED UP TO THREE DAYS AFTER THE UPCOMING NOVEMBER 5 GENERAL ELECTION. 

THIS DECISION COMES AMID A TIGHT RACE BETWEEN DONALD TRUMP AND VICE PRESIDENT KAMALA HARRIS, AS POLLS SHOW BOTH CANDIDATES NECK AND NECK IN THIS CRITICAL SWING STATE.

TODAY’S RULING DISMISSED A CHALLENGE FROM THE REPUBLICAN PARTY, WHICH ARGUED THAT BALLOTS WITHOUT A POSTMARK SHOULD NOT BE COUNTED. THE COURT’S MAJORITY INTERPRETED STATE LAW TO MEAN THAT BALLOTS CAN BE COUNTED IF THE POSTMARK DATE “CANNOT BE DETERMINED,” WHICH INCLUDES THOSE IN ENVELOPES THAT LACK A POSTMARK ENTIRELY.

THIS SITUATION IS PART OF A BROADER GOP-LED EFFORT TO TIGHTEN REGULATIONS ON ABSENTEE VOTING AMID CONCERNS OF FRAUD.

THE JUSTICES EMPHASIZED THAT REJECTING VALID MAIL BALLOTS DUE TO POSTAL SERVICE ERRORS UNDERMINES THE PUBLIC’S RIGHT TO VOTE.

THE RULING STATED “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. Rejecting timely mail ballots because of postal service omissions cuts against the strong public interest in exercising the right to vote.”

NEVADA IS UNIQUE AMONG SWING STATES, AS IT ACCEPTS LATE BALLOTS MORE BROADLY. MAIL-IN BALLOTS POSTMARKED BY ELECTION DAY CAN BE COUNTED FOR UP TO FOUR DAYS AFTER, WHILE THE NEW RULING ALLOWS BALLOTS WITHOUT POSTMARKS TO BE COUNTED UP TO THREE DAYS AFTER THE ELECTION.

THIS RULING FOLLOWS A RECENT DECISION BY THE 5TH CIRCUIT COURT OF APPEALS REGARDING MISSISSIPPI’S ELECTION PRACTICES, WHICH FOUND THAT COUNTING LATE MAIL BALLOTS VIOLATES FEDERAL LAW. 

HOWEVER, THE COURT DID NOT IMPOSE ANY IMMEDIATE RESTRICTIONS AHEAD OF ELECTION DAY.

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