US judge dismisses Republican challenge over counting of post-Election Day mail ballots in Nevada

RENO, Nev. (AP) — A federal judge on Wednesday dismissed a lawsuit filed by national and state Republicans that sought to bar Nevada from counting mail ballots received after Election Day.

A state law passed by Democrats in 2021 allows election officials to tally ballots received by 5 p.m. on the fourth day after Election Day, as long as the envelopes are postmarked before the end of Election Day.

The judge rejected Republicans’ assertions that this was unconstitutional and violated federal law, as well as their claim that the rule gave Democrats an unfair electoral advantage and diluted the power of Republicans votes.

The lawsuit was filed in May by the Republican National Committee, the Nevada Republican Party and former President Donald Trump’s campaign. It named as defendants Nevada’s Democratic Secretary of State Cisco Aguilar and other local election officials.

Aguilar’s office declined to comment on the dismissal.

The plaintiffs also did not immediately respond to requests for comment.

The post-Election Day tally is part of Nevada’s universal mail ballot system, where a mail ballot is sent to all eligible voters unless they opt out.

Nevada is one of 19 states that allows ballots to be tallied if they are received after Election Day. Supporters of those rules say they make it easier to vote and ensure that those who cast ballots by mail have as much time to make up their minds as those who vote on Election Day. Opponents contend the practice slows the tallying of election results and undermines trust in the system.

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The lawsuit was one of dozens filed by the party as it challenged election rules after Trump loyalists perpetuated claims about the 2020 election being stolen from him.

Biden defeated Trump in Nevada in 2020 by just under 2.5%, or 34,000 votes. Both candidates have made regular stops in the western swing state leading up to November, including on Wednesday when Biden tested positive for COVID-19.