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Nevada Supreme Court (Photo: Megan Barth for The Nevada Globe)

GOP Plaintiffs Appeal Non-Postmarked Ballot Case To NV Supreme Court

The RNC, NV GOP, and the Trump campaign has appealed a Carson City District Judge’s ruling

By Megan Barth, August 9, 2024 2:16 pm

Last Friday, Carson City District Judge James Russell denied a motion to prohibit the counting of mail ballots which lack a postmark and are received by county clerks after “Election Day.” The ruling stems from a lawsuit filed by the Republican National Committee, Nevada GOP, and the Trump campaign last June against Nevada Secretary of State Cisco Aguilar and county election officials.

The GOP plaintiffs have now filed an appeal with the Nevada Supreme Court (see below).

According to state law, passed unilaterally by the Democrat majority during the pandemic, a mail ballot received by the county clerk must be postmarked on or before the day of the election and received no later than 5 pm on the fourth day after the day of the election. If a mail ballot is received no later than 5 pm on the third day following the election and the date of the postmark cannot be determined, the mail ballot shall be deemed to have been postmarked on or before “Election Day.”

Simply deeming untraceable, unverified mail ballots as ‘valid’ is an obvious flaw, not a feature, in an election. Yet, the Secretary of State, Attorney General, and Democratic lawmakers repeatedly state that Nevada has “safe and secure elections.”

Since the 2020 election, the RNC has created an election integrity group within the organization and has filed over 80 lawsuits across the country. In the last two months, Republican plaintiffs have lost three lawsuits challenging the various aspects of Nevada’s election laws.

In May, the Nevada Supreme Court unanimously ruled that a voter ID ballot initiative could appear on the November ballot. In July, Repair the Vote PAC, the organization behind the initiative, announced that the Nevada Secretary of State had verified enough signatures for the ballot initiative to proceed. The initiative is a constitutional amendment and will have to pass in two elections (2024, 2026) for the constitutional amendment to take effect.

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