Trump Campaign, RNC, NVGOP File Ballot Deadline Lawsuit in Nevada

Editor’s note: This article has been updated to include a statement from NVGOP attorney Sigal Chattah. 

The Trump Campaign, the Republican National Committee (RNC), and the Nevada Republican Party (NVGOP) have filed a lawsuit (see below) challenging Nevada’s acceptance of mail ballots up to four days after Election Day, including unreadable postmarks received up to three days after Election Day. The plaintiffs contend that the counting of ballots after Election Day violates federal election laws established by Congress.

The defendants named in the lawsuit are Secretary of State Francisco Aguilar, Washoe County Registrar Cari-Ann Burgess, Washoe County Clerk Jan Galassini, Clark County Registrar Lorena Portillo, and Clark County Clerk Lynn Marie Goya.

For background, the Democratic majority in the Nevada legislature ushered in sweeping changes to state election laws during the pandemic. Legislation passed in 2021 legalized unlimited ballot harvesting, ballots by mail to all actively-registered voters, and extended deadlines for mail-in ballots.

The lawsuit states: “Exercising its constitutional power to pass laws governing elections for federal offices, Congress has established one specific day as the uniform, national Election Day for members of the United States House of Representatives and of the United States Senate…For both offices, the “Tuesday next after the 1st Monday in November” is “the day for the election.”

The Republican plaintiffs conclude that “uniform rules for federal elections” are “binding on the States” and superior to conflicting state laws; and, “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.”

RNC Chairman Michael Whatley stated: “Nevada’s ballot receipt deadline clearly 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.”

On behalf of the NVGOP, Attorney Sigal Chattach told The Globe, “The NVGOP will be mitigating any questionable election issues well ahead of the 2024 General election so as to ensure safe, secure and honest elections for all Nevadans.”