Nevada Supreme Court rules ballots without postmarks can still be counted
By Karah Rucker (Anchor/Reporter), Emma Stoltzfus (Video Editor)
The Nevada Supreme Court ruled that absentee ballots arriving without a postmark can be counted up to three days after the Nov. 5 general election. This decision comes amid a tight race between Former President Donald Trump and Vice President Kamala Harris, as polls show both candidates neck and neck in this critical swing state.
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Click to see story on electionlawblog.orgThe 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 envelopes that lack a postmark entirely.
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This situation is part of a broader Republican-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.
“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 justices said in a ruling. “Rejecting timely mail ballots because of postal service omissions cuts against the strong public interest in exercising the right to vote.”
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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.
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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Media Landscape
See who else is reporting on this story and which side of the political spectrum they lean. To read other sources, click on the plus signs below. Learn more about this dataBias Distribution
Left
Nevada high court decides mail ballots with smudged or missing postmarks can be counted
Click to see story on Associated Press NewsNevada Supreme Court: count mailed ballots 3 days after Election Day even without postmark
Click to see story on USA TodayNevada high court decides mail ballots with smudged or missing postmarks can be counted
Click to see story on abc NewsRepublicans Lose Fight Over Late-Arriving Mail Ballots in Nevada
Click to see story on BloombergNevada high court decides mail ballots with smudged or missing postmarks can be counted
Click to see story on Rocky Mountain OutlookWhen will Nevada ballots be counted and election results known?
Click to see story on Reno Gazette-JournalGOP Loses on Mail Ballots Before Nevada Supreme Court
Click to see story on NewserNV Supreme Court upholds ruling on mail ballots received post-Election Day • Nevada Current
Click to see story on Nevada CurrentTop Nevada court says unpostmarked ballots received after US Election Day can be counted
Click to see story on ReutersNevada Supreme Court rejects GOP mail ballot challenge
Click to see story on The HillNV mail-in ballots without postmarks can be counted after election day
Click to see story on Las Vegas Review-JournalNevada high court decides mail ballots with smudged or missing postmarks can be counted
Click to see story on KOB 4Nevada high court decides mail ballots with smudged or missing postmarks can be counted
Click to see story on KEYTNevada high court decides mail ballots with smudged or missing postmarks can be counted
Click to see story on KIONNevada Supreme Court rules non-postmarked ballots can be counted within 3 days of election
Click to see story on Nevada IndependentNevada Supreme Court rules ballots without postmarks can still be counted
Click to see story on Straight Arrow NewsNevada high court decides mail ballots with smudged or missing postmarks can be counted
Click to see story on KYMANevada Supreme Court says ballots without postmark can be counted for three days after Election Day
Click to see story on Washington TimesRepublicans lose challenge over late-arriving mail ballots in Nevada – Washington Examiner
Click to see story on Washington ExaminerNevada Supreme Court rules mail ballots received after Election Day without postmark must be counted
Click to see story on Just the NewsNevada Supreme Court Upholds Law on Mail-In Ballots
Click to see story on The Epoch TimesSwing State Supreme Court Upholds Ruling To Count Mail Ballots Without Postmarks Up To Three Days Post-Election
Click to see story on The Daily CallerNevada Supreme Court Upholds Ruling Allowing State To Accept Mail-In Ballots Without Postmarks 3 Days Post-Election
Click to see story on OANNevada Supreme Court Rules On Counting Ballots Received After Election Day Without Postmarks
Click to see story on The Daily WireNevada Supreme Court Orders Counting Mail Ballots Without Postmark After Election Day
Click to see story on The FederalistNevada Supreme Court Upholds Ruling To Count Mail Ballots Without Postmarks Up To 3 Days Post-Election
Click to see story on The Free Press (Tampa)Nevada Supreme Court Handed Down a Devastating Ruling on Mail-In Ballots and Election Integrity
Click to see story on TownhallNevada Supreme Court Rules Ballots Received After Election Day Without Postmarks Can Be Counted
Click to see story on The New York SunJust In: Nevada Supreme Court Rules Mail-In <br/>Ballots without Postmarks Can Be Counted <br/>Three Days After Election
Click to see story on LucianneSwing-state’s Supreme Court issues pivotal ruling on mail-in ballots sent without postmark
Click to see story on Fox NewsUntracked Bias
Nevada high court decides mail ballots with smudged or missing postmarks can be counted
Click to see story on My Mother LodeTop Nevada court says unpostmarked ballots received after US Election Day can be counted – Blue Water Healthy Living
Click to see story on Blue Water Healthy LivingNevada high court decides mail ballots with smudged or missing postmarks can be counted
Click to see story on Loonie PoliticsTop Nevada court says unpostmarked ballots received after US Election Day can be counted – Regional Media News
Click to see story on regionalmedianews.com“Nevada Supreme Court rules non-postmarked ballots can be counted within 3 days of election”
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