A request by former President Donald Trump’s campaign and Nevada Republicans to stop counting mail ballots without a clear postmark and received three days after Election Day was denied by a Carson City judge. This decision, confirmed by a spokesperson for the Nevada Attorney General’s Office, represents the third legal defeat for the Republican National Committee (RNC), Nevada Republican Party, and Trump campaign in their attempts to challenge Nevada election laws.
The lawsuit, which challenges election procedures in Nevada, is based on testimony from Mark Wlaschin, the deputy secretary of state for elections, who stated that ballots received in the mail up to three days after Election Day are accepted and counted, even without a clear postmark. However, it is important to note that this practice is not actively implemented in elections.
According to state law, election officials are required to count all mail ballots postmarked by Election Day up to four business days later. Additionally, officials can count mail ballots with indeterminate postmarks that are received within three days following Election Day. The lawsuit argues that the state is interpreting the law too broadly by also counting mail ballots without any postmark at all.
A memo sent by the secretary of state’s office in May instructs local election officials to consider mail ballots without visible postmarks as having an indeterminate postmark, allowing them to be counted as valid if received within three days of Election Day. The memo also mentions plans to formalize this guidance as a state regulation after the current election cycle.
Previous lawsuits by the Trump campaign and RNC in Nevada, including an effort to block the law allowing ballots postmarked by Election Day to be counted up to four days later, were dismissed earlier this year. Another federal lawsuit alleging errors in the state’s voter roll maintenance was also rejected.
As more information becomes available, this developing story will be updated with any new details or developments.
