The Nevada Supreme Court ruled Monday that mail-in ballots with smudged, indecipherable, or missing postmarks can be counted for up to three days after polls close on Election Day. The state's highest court rejected a bid by state and national Republicans, Donald Trump's presidential campaign, and a voter, Scott Johnston, to block them from being counted. Among the GOP arguments was that mail ballots unfairly benefit Democratic voters, the AP reports. The court challenge came after Nevada Secretary of State Cisco Aguilar, a Democrat, told county election officials in May that ballots without a visible postmark should be counted until 5pm the Friday after Election Day. This year, that is Nov. 8.
Aguilar said the ruling "will allow election administration in Nevada to continue uninterrupted, without the risk of disenfranchising voters through no fault of their own." In a statement, he praised election workers "who have dedicated additional resources to securely process mail more efficiently this cycle." A Republican National Committee spokesperson said in a statement the court decision "undermined the integrity of Nevada's elections." The ruling upheld a decision in August by state court. It was not clear if plaintiffs will ask the seven justices to reconsider, per the AP.
Five justices acknowledged that state law covering vote counting was not clear about ballots that have a postmark or processing date that cannot be determined. But the decision said state lawmakers apparently intended to "expand the freedom of Nevadans to vote." Two justices concurred but provided separate written opinions. Nevada became one of several states with universal mail voting in 2020. All registered voters are mailed a ballot unless they opt out. Voters can cast ballots in person early or on Election Day. (Trump's campaign sued over Nevada's law in 2020.)
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