Nevada’s Supreme Court on Monday ruled mail-in ballots without postmarks can be counted three days after Election Day.
The Democrats use mail-in ballots to cheat so the Trump campaign and Nevada GOP filed a lawsuit against the Nevada Secretary of State arguing against the state’s law allowing mail-in ballots to be counted after the election.
Nevada state law allows mail-in ballots with postmarks to be counted up to four days after Election Day.
The Nevada Supreme Court on Monday ruled mail-in ballots with postmarks can be counted up to 4 days after the election and non-postmarked ballots can be counted up to 3 days after the election.
Excerpt from KLAS:
The Nevada Supreme Court upheld a lower court’s ruling Monday, allowing mail-in ballots without postmarks received by Election Day to be counted in the days after the election.
In May, former President Donald Trump’s presidential campaign and national and state Republicans filed a lawsuit against the Nevada Secretary of State and several county clerks, claiming the state’s mail-in ballot deadline was unconstitutional.
Nevada state law requires all mail-in ballots to be mailed and postmarked by Election Day. There is then a four-day period after Election Day when county clerks can accept the postmarked ballots and process them. If the ballot does not have a postmark, county clerks can process ballots up to three days after Election Day.
In August, a Carson City District Court judge sided with the state, writing: “The public interest is served by ensuring that the maximum number of legitimate voters are counted,” adding not counting the postmarked mail-in ballots would “disenfranchise voters.”
A major legal battle over mail-in ballots is brewing.
The Fifth Circuit Court of Appeals last Friday ruled all mail-in ballots must be received by election day in order to be counted.
The panel of three Trump-appointed judges – Andrew Oldham, James Ho and Kyle Duncan – said Mississippi was violating federal law by counting mail-in ballots that arrive after Election Day.
“Congress statutorily designated a singular ‘day for the election’ of members of Congress and the appointment of presidential electors,” the 5th Circuit panel said, according to CNN. “Text, precedent, and historical practice confirm this ‘day for the election’ is the day by which ballots must be both cast by voters and received by state officials.”
The RNC and other watchdog groups like Judicial Watch filed lawsuits in Mississippi seeking to stop the counting of mail-in ballots received after Election Day.
“The 5th Circuit’s ruling is only binding on the three Southern states covered by the circuit, and for now, the panel is not ordering that the policy be blocked in Mississippi for the current election, instead sending the case down for more proceedings,” CNN reported.
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