Republicans in Crucial Swing State Suffer Massive Blow Before Election

Republicans have been dealt a setback in how mail-in ballots are counted in the battleground state of Nevada.

The Nevada Supreme Court ruled Monday that absentee ballots without a postmark can be counted for up to three days after Election Day on November 5, rejecting a challenge from the Republican Party to have them thrown out. A majority of the court found that Nevada law allowing the counting of ballots if the postmark date “cannot be determined” also applied to envelopes without a postmark.

It’s not known how many ballots will be affected by the decision. Republicans cited one county receiving 24 such ballots during the primary election earlier this year. In their opinion, the court justices said that the GOP failed to provide any evidence that ballots without a postmark indicated fraud, that such ballots were more likely to come from a particular political party, or that the state can’t properly address concerns about the ballots’ security. 

“Rejecting timely mail ballots because of postal service omissions cuts against the strong public interest in exercising the right to vote,” the justices in the main opinion wrote. Twenty-two states and territories count late-arriving ballots, but Nevada is the only battleground state to accept ballots so late.

In August, the Republican National Committee tried to get a lower Nevada court to block the counting of ballots without a postmark, but the judge in that case said the RNC lacked standing to sue. The RNC then appealed to the state’s highest court, which put the case on a fast track and heard arguments on October 8. Republicans also tried to sue the state in federal court over postmarks and were unsuccessful. The GOP has appealed, but a decision isn’t likely to come before November 5.

The state of Nevada went to Joe Biden in 2020 by fewer than 34,000 votes, a 2.4 percent margin, and news agencies didn’t call the race until three days later. Last time, Republicans also tried to use a fake elector scheme and legal challenges to overturn the race. This time, at least one of their election-meddling plans has been stopped.