Nevada Supreme Court rules late, non-postmarked ballots can count

CV NEWS FEED // The Nevada Supreme Court on Monday ruled that non-postmarked mail-in ballots cast in the battleground state can count for the 2024 presidential election – even if they are received three days after Election Day.

The state ruling, which observers called a setback for election integrity, came just three days after a federal appeals court with jurisdiction in Mississippi, Louisiana, and Texas conversely ruled that mail-in ballots can only count if received by Election Day.

The Nevada court’s 5-2 majority opinion stated: “If a voter properly and timely casts their vote by mailing their ballot before or on the day of the election, and through a post office omission the ballot is not postmarked, it would go against public policy to discount that properly cast vote.”

The Nevada Independent noted that the “ruling upholds a Carson City judge’s denial of the Republicans’ request in August to stop the counting of these ballots.”

Similarly, The Hill reported that the “decision served as a blow to Republicans, who argued the law should just apply to ballots whose postmarks are illegible.”

>> FRIDAY: FEDERAL COURT RULES MAIL-IN BALLOTS RECEIVED AFTER ELECTION DAY SHOULD NOT COUNT <<

A spokesperson for the Republican National Committee (RNC) criticized the ruling in a statement calling the requirement of “ballots to be postmarked on or before election day” a “critical election integrity safeguard.”

On the other hand, a Nevada lawyer whom the Independent noted “typically represents Democrats in election-related proceedings” said he was “gratified” by the decision.

The lawyer further claimed that “lawsuits like this one so close to the general election tend to promote confusion and chaos rather than orderly democratic processes.”

End Wokeness, a popular right-leaning X (formerly Twitter) account, called the ruling by the highest court in the swing state a “massive blow to election integrity.”

Christian magazine publisher Joseph Menslage replied, “The 5th Circuit Court just ruled that states cannot do that and that Federal Election Law cannot be superseded by state law.”

Many observers commented that the issue of whether or not late-arriving ballots can count might eventually be settled by the U.S. Supreme Court.

CatholicVote reported on Friday: “A three-judge panel of the U.S. Court of Appeals for the 5th Circuit ruled on Friday that federal election ballots must be received by Election Day in order to count.”

CatholicVote added at the time:

The decision invalidated a Mississippi law that allowed for ballots to be received up to five business days after election day – often known as a ballot “grace period.” 

A chorus of election integrity proponents hailed the ruling as a “massive victory.”

The 5th Circuit’s decision does not take effect until at least November 18, and therefore will have no bearing on the 2024 presidential election. 

Nevada is outside the jurisdiction of the conservative-leaning 5th Circuit and is instead under the jurisdiction of the significantly more liberal 9th Circuit.