A federal judge has ruled that Nevada can continue to count mail-in ballots that arrive up to four days after Election Day, dismissing a challenge from the Republican National Committee (RNC) and former President Donald Trump’s campaign. The plaintiffs argued that the practice was unconstitutional.
Chief U.S. District Judge Miranda Du dismissed the lawsuit on the grounds of standing, stating that the plaintiffs did not demonstrate that the extended deadline caused any disadvantage. “The causal link between counting mail ballots received after Election Day in Nevada and Organizational Plaintiffs’ alleged electoral injuries is too speculative to support standing,” Du ruled.
Nevada’s state legislature had extended the mail-in ballot deadline to four days after Election Day following President Joe Biden’s victory in the state by 33,596 votes in 2020. This extension is similar to a temporary measure during the pandemic, which allowed ballots to be counted if they arrived within seven days post-election. The current law also permits counting ballots without a postmark if they arrive by 5:00 p.m. on the third day after Election Day.
The RNC and Trump campaign contended that this extension violated federal law, which mandates a uniform Election Day. “The result of Nevada’s violation of federal law is that timely, valid ballots are diluted by untimely, invalid ballots, which violates the rights of candidates, campaigns, and voters under federal law,” the suit filed in May alleged.
Republicans highlighted the Democrats’ tendency to use mail-in ballots in Nevada, noting that 60.3% of Democratic voters used mail-in ballots in the 2020 general election, compared to 36.9% of Republican voters.
Judge Du, appointed by former President Obama, has a history of decisions that align with left-leaning election policies. In 2020, she allowed Fair Maps Nevada to continue collecting signatures for a redistricting commission ballot question despite a missed deadline due to the state’s stay-at-home order. Du also rejected True the Vote’s attempt to prevent an all-mail primary election, emphasizing the importance of protecting voters’ health during the COVID-19 pandemic.
In another 2020 decision, Du denied a church’s request for an emergency order to lift the state’s 50-person limit on religious gatherings, which they argued violated their First Amendment rights.
As the debate over election laws continues, this ruling underscores the ongoing legal battles surrounding mail-in voting and election integrity.
