Nevada Supreme Court Rules Mail Ballots Without Postmarks Must Be Counted After Election Day
In a significant ruling for Nevada voters, the Nevada Supreme Court has decided that mail ballots received by November 8—three days after Election Day—must be counted, even if they lack a postmark. This decision comes after a legal challenge from the Republican National Committee (RNC) and other GOP affiliates, who argued against the counting of these ballots. The court’s ruling underscores the importance of ensuring every vote is counted, particularly in a time when mail-in voting has become increasingly common.
The controversy began when the RNC, along with the Nevada GOP and the campaign of Republican presidential candidate Donald Trump, filed a lawsuit against Secretary of State Cisco Aguilar. They sought to halt the counting of mail ballots that did not have a postmark, claiming that this practice could lead to voter fraud. However, the Nevada Supreme Court dismissed these concerns, stating, “Rejecting timely mail ballots because of postal service omissions cuts against the strong public interest in exercising the right to vote.”
The court’s decision is rooted in existing Nevada law, which allows ballots received three days after the election to be counted if the postmark is undetectable. The Republicans contended that this law should not apply to ballots without any postmark at all. However, the Supreme Court referenced testimony from former Assembly Speaker Jason Frierson, who clarified that ballots without a postmark, or with an illegible postmark, should still be counted if they arrive within the designated timeframe.
Adding to the complexity of the situation, a report from the U.S. Postal Service (USPS) inspector general revealed that nearly half of the audited processing facilities were unaware of the requirement to postmark ballots. This oversight has led to a number of ballots being sent out without the necessary markings, prompting concerns about the integrity of the voting process. The USPS has acknowledged these issues and is working on solutions to ensure that all ballots are properly postmarked moving forward.
Justice Kristina Pickering, who agreed with the court’s decision, highlighted the potential chaos that could ensue if the ruling favored the Republicans. “With mailed ballots already sent to voters and early voting underway, clarity and consistency in election rules are of paramount importance,” she noted. This sentiment reflects a broader understanding that voters need assurance that their ballots will be counted, regardless of postal service hiccups.
In response to the ruling, Aguilar’s office expressed relief, stating that the decision would allow Nevada’s elections to proceed without interruption. They also encouraged voters to take proactive steps by dropping off their ballots at official county ballot drop box locations to ensure they are received on time.
As the election approaches, this ruling is a reminder of the ongoing discussions surrounding mail-in voting and the importance of safeguarding the voting process. With the Nevada Supreme Court’s decision, voters can feel more confident that their voices will be heard, even if the postal service encounters its own challenges.
