A lawsuit brought by Republicans alleges that Nevada’s mail ballot deadline violates federal law.
Nevada allows for mail-in ballots to be counted up to four days after Election Day as long as a ballot is postmarked on or before Election Day.
The lawsuit, filed on Friday by the Republican National Committee, the Nevada Republican Party, and the Trump campaign against Nevada Secretary of State Francisco Aguilar and county officials, says the state law violates federal law and presumes “that ballots received up to three days after Election Day ‘have been postmarked on or before the day of the election.’”
“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 lawsuit says.
According to RNC Chairman Michael Whatley, counting ballots after Election Day “violates federal law and undermines election integrity in the state.”
“Ballots received days after Election Day should not be counted – the RNC and our partners are suing to secure an honest election, support Nevada voters, and oppose unlawful schemes,” he said in a statement.
Aguilar declined to comment on the lawsuit but defended Nevada’s elections in a statement to The Center Square.
“Nevada runs some of the most secure, transparent, and accessible elections in the country,” he said. “The key for that accessibility is allowing working Nevadans to vote using the method that works best for them, including voting by mail.”
“Our office will not comment on ongoing litigation, but I hope the RNC is putting as much time and energy into educating voters on how to participate in elections as they put into suing the state of Nevada,” he added.