Nevada Supreme Court Allows Ballots Without Postmarks to Be Counted After Election Day

In a decision that could shape the upcoming election, the Nevada Supreme Court ruled this week that mail-in ballots received without postmarks after Election Day must be counted. The ruling maintains that absentee ballots postmarked before November 5 can be accepted up to four days post-Election Day, and ballots lacking a postmark will also be counted if received within three days after November 5.

This ruling, which is in line with a lower court’s decision, is especially impactful in Nevada, a critical swing state in the 2024 election. The court upheld the original judgment from Carson City District Judge James Russell, who argued that counting these ballots serves the public interest by avoiding the disenfranchisement of legitimate voters. Russell stated that rejecting absentee ballots without postmarks would unjustly prevent some citizens from having their votes counted.

• Extended deadlines: Mail-in ballots postmarked by Election Day can be received and counted for up to four days after.

• No postmark, no problem: Ballots missing a postmark can still be counted, as long as they arrive within three days post-Election Day.

• Swing state stakes: With Nevada’s race tight between Vice President Kamala Harris and Donald Trump, every ballot will count in determining this pivotal state’s outcome.

Earlier this year, Donald Trump’s campaign, along with the Republican National Committee and the Nevada GOP, filed a lawsuit against Nevada Secretary of State Cisco Aguilar (D) and several county clerks. They argued that extending the counting of mail-in ballots without a postmark is unconstitutional, claiming it could open the door to widespread voter irregularities. However, Nevada’s courts have consistently ruled in favor of counting these ballots, maintaining that election integrity includes counting as many legitimate votes as possible.

The ruling in Nevada comes as other states tighten their rules around mail-in voting. Just last week, a federal appeals court in Mississippi sided with the GOP in a case that deemed mail-in ballots received after Election Day as illegal, citing federal law’s requirement for all ballots to be received by the end of Election Day. Circuit Judge Andrew Oldham emphasized that “Congress statutorily designated a singular ‘day for the election,’” underscoring the belief that states should not extend voting deadlines post-Election Day.

RNC Chairman Michael Whatley hailed the Mississippi ruling as a “major win for election integrity,” claiming that “voters deserve nothing less than a fair and transparent election which ends on November 5.” His statement reflects a broader push from conservatives to standardize voting deadlines nationwide and prevent extended mail-in ballot deadlines from changing outcomes days after polls close.

The Mississippi decision has been sent back to a lower court to determine if the statute will take effect in time for the 2024 election. As the legal landscape on ballot deadlines varies from state to state, the court decisions in both Nevada and Mississippi highlight a sharp divide on election rules as Americans prepare to head to the polls.

The Nevada ruling underscores a widening debate over mail-in voting, with each camp adamant about safeguarding election integrity as defined by their principles. With Nevada potentially a deciding factor in 2024, every ballot postmarked or not may play a role in determining the nation’s next president.

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