LAS VEGAS — Republicans have vowed to continue their legal challenge to Nevada’s 2021 law that allows mail-in ballots received up to four days after Election Day to be counted on the ballot.
U.S. District Judge Miranda Du said the plaintiffs, who include the Republican National Committee, the state Republican Party, Trump’s 2024 campaign and Nevada voter and Republican Donald Szymanski, “lack standing to challenge Nevada’s deadline for receiving mail-in ballots.”
The plaintiffs were suing Nevada Secretary of State Francisco Aguilar, Washoe County Supervisor of Elections Cari Ann Burgess, Washoe County Clerk Jean Galassini, Clark County Supervisor of Elections Lorena Portillo and County Clerk Lynn Marie Goya, the two most populous counties in Nevada.
The 15-page ruling states:Du, who was appointed to the federal court by President Obama in 2011, said the plaintiffs’ arguments fail to show that they “have suffered or are likely to suffer harm” if vote counting is allowed. “Mail-in ballots that arrive after Election Day do not necessarily favor Democrats, and even if later-arriving mail-in ballots have favored Democrats in past elections, there is no assurance that Nevada voters will behave in the same way this November,” he said.
She added that “Nevada’s mail-in ballot receipt deadline does not ‘personally’ affect Republican voters’ ability to vote; it does not impede their access to polling places or disproportionately reduce the weight of their vote relative to other Nevada voters.”
Clark and Washoe counties counted 45,596 mail-in ballots for the 2022 election. The Secretary of State’s Office reportedOf those, 89% arrived the day after Election Day.
It’s unclear how those votes were broken down by party line, but that year Nevada’s Democratic senator, Catherine Cortez Masto, defeated Republican opponent Adam Laxalt by 8,000 votes.
Republicans are stepping up efforts to protect voter integrity as they believe Nevada, which hasn’t supported a Republican presidential candidate since 2004, could go for former President Donald Trump this year. Party Chairman Michael Whatley has called Nevada “absolutely crucial” to taking back the White House.
Republican spokeswoman Claire Zank told Courthouse News the party will appeal.
“Our lawsuit fights a Nevada law that should never have been enshrined in law; it violates federal law and allows mail-in ballots to be counted after Election Day.” Zank says:“Instead of giving us the opportunity to fight it in court, the liberal judge unfairly dismissed our lawsuit. Political parties should be given the right to challenge invalid election laws that threaten the integrity of our elections. We are committed to protecting the right to vote and will pursue further legal action in this case.”
Republicans aren’t the only ones challenging voter issues in the Silver State. Last month, the Public Interest Legal Foundation, along with two Nevada voters, sued Portillo in Clark County over voter rolls that listed addresses at a casino, several industrial parks and a topless club.
The case is pending along with a similar one in Washoe County.
