A federal judge has dismissed a lawsuit brought by former President Donald Trump’s campaign and its allies that sought to end Nevada’s practice of counting mail ballots received up to four days after Election Day.
Chief U.S. District Court Judge Miranda Du ruled the Trump campaign and its GOP allies lacked standing to file the suit. An appeal is expected, but for now, the case has been dismissed.
The lawsuit alleged that Nevada was violating federal election law by accepting and counting mail ballots postmarked by Election Day but received as many as four days after the election. The plaintiffs, including the Republican National Committee (RNC), Nevada GOP, and a Nevada voter, did not have the legal standing to challenge the state’s mail ballot receipt deadline, according to Judge Du.
The RNC’s spokeswoman on election integrity, Claire Zunk, expressed disappointment with the ruling and stated that they will be pursuing further legal action. However, the Biden campaign spokesperson, Charles Lutvak, called the lawsuit “completely meritless” and praised the dismissal for protecting eligible Nevada voters’ right to vote.
This legal defeat marks the second setback for the RNC and Nevada GOP in recent weeks. Another federal lawsuit alleging inconsistencies in state voter rolls was also thrown out last month. These legal battles are part of a broader effort by the RNC to challenge election administration practices in swing states.
The dismissed lawsuit was related to a 2021 law that expanded universal mail voting in Nevada, allowing ballots postmarked on or by Election Day to be counted if received within four days. In the 2022 election, over 45,000 mail ballots were counted after Election Day in Clark and Washoe counties, making up a small percentage of total ballots.
The plaintiffs in the GOP lawsuit argued that the mail ballot deadline unfairly favored Democrats, as mail voting is more popular among them. However, Judge Du found these claims unconvincing, stating that any perceived advantage was equally available to Republicans.
Additionally, the lawsuit alleged that the deadline forced the GOP to divert resources for post-election activities, making the process more expensive and time-consuming. Judge Du dismissed this argument, noting that the activities could simply be conducted earlier if the deadline was on Election Day.
Overall, the dismissal of the lawsuit highlights the ongoing legal battles over election practices and the challenges of proving harm in such cases. While the RNC and its allies may appeal the decision, for now, the mail ballot counting in Nevada will continue as per the current law.
