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Nevada Supreme Court rejects RNC's argument that certain mail-in ballots shouldn't be counted

Here's what the ruling means for Nevadans casting ballots by mail
Nevada mail-in ballots
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In focus:

  • The Republican National Committee sued over Nevada law that allows certain mail-in ballots to be counted up to three days after Election Day.
  • The Nevada Supreme Court on Monday upheld a lower court ruling that rejected the RNC's request for an injunction to stop those ballots from being counted.
  • This ruling only applies to ballots without a postmark or where a postmark can't be determined. Under Nevada law, mail-in ballots can be counted up to four days after Election Day, as long as they're postmarked by that date.

LAS VEGAS (KTNV) — A Nevada Supreme Court ruling on Monday means selected mail-in ballots in the Silver State will still be counted up to three days after Election Day.

The Republican National Committee had sued over a Nevada vote-counting rule that allowed ballots with no postmark to be counted up to three days after Election Day.

In its ruling, the Supreme Court found fault with the RNC's legal argument and upheld a previous District Court ruling.

"Rejecting timely mail ballots because of postal service omissions cuts against the strong public interest in exercising the right to vote," the court's ruling states.

It's important to note: This ruling pertains to only certain mail-in ballots. Nevada law allows all mail-in ballots to be counted up to four days after Election Day — as long as they are postmarked by that date (in the case of this year's election: Nov. 5).

That law wasn't at issue in this case. The RNC sued over state law that allows mail-in ballots without a postmark to be counted up to three days after Election Day. That law is what the Supreme Court upheld in Monday's ruling.

"Notably, the RNC presented no evidence or allegations that counting mail ballots without postmarks under NRS 293.269921 would be subject to voter fraud, or that the election security measures currently in place are inadequate to address its concerns regarding these ballots," the Supreme Court stated.

You can read the Supreme Court's ruling here:

Nevada Supreme Court ruling 24-40423 by aroberts.news on Scribd

Nevada is notoriously slow at counting ballots, but the process may be quicker for this year's presidential election than 2020.

Previously, mail-in ballots could not be counted until after the polls closed on Election Day. Since then, state law has changed to allow those ballots to be counted when they're received — which means we may get a better idea of how Nevada will swing sooner after the polls have closed.

On that note — you still have the rest of the week to vote early and in person. Early voting ends on Friday, Nov. 1, after which you'll have to wait until Nov. 5 to cast your ballot in person at a polling place.

Our senior political reporter Steve Sebelius just ran the most recent numbers and found Republicans are outpacing Democrats in this early voting cycle.

Already, 32.9% of the 1.9 million active registered voters in the Silver State have cast ballots — 255,700 Republicans, 223,600 Democrats and 163,000 "other" voters (which includes nonpartisans and those registered with minor political parties).

Our 2024 Voter Guide has answers to questions you may have as you head to the polls — including where to find a polling place in your neighborhood and a breakdown of the seven questions you'll encounter on your 2024 ballot.