Federal Judge Dismisses GOP Lawsuit Challenging Post-Election Day Ballot Counting In Nevada

Yet another ‘lack of standing’ verdict (see below) has been issued in a federal case filed by the Nevada GOP, the Trump Campaign and the Republican National Committee (RNC). The lawsuit alleged that a 2021 state law providing for the counting of mailed ballots after Election Day violated federal election laws established by Congress, gave Democrats an unfair electoral advantage, and diluted the power of Republican voters.

For background, the Democratic majority in the Nevada legislature ushered in sweeping changes to state election laws in a special session 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.

As first reported by Gabe Stern of the Associated Press (AP), Federal Judge Miranda Du “rejected Republicans’ assertions that this was unconstitutional and violated federal law, as well as their claim that the rule gave Democrats an unfair electoral advantage and diluted the power of Republicans votes.”

“Any ‘advantage’ that Democrats may gain from the four-day grace period is one that appears to be equally available to, but simply less often employed by, Republicans,” Du stated in her ruling. “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,” she said.

“The Trump Campaign cannot establish associational standing on behalf of Nevada voters because the Campaign does not allege that it has any members who live or vote in Nevada,” she determined.

The RNC has promised an appeal and maintains their allegation that the 2021 Nevada law violates federal law.

The AP reports, “In a statement, the Republican National Committee’s Election Integrity spokesperson, Claire Zunk, said that the post-Election Day mail ballot deadline still breaks federal law and that ‘a liberal judge unjustifiably dismissed our case. We are committed to protecting the ballot, and we will pursue further legal action in this case,’  Zunk said.”

The Globe will continue to follow this developing story.