The Republican National Committee (RNC), former President Donald Trump’s campaign, and the Nevada Republican Party filed a lawsuit against Nevada for counting mail-in ballots that are received the day after an election and do not contain postmarks.
In a press release on Monday, the RNC explained that under the state’s law, mail-in ballots are required “to be postmarked on or before Election Day.” Michael Whatley, the chairman of the RNC, explained that “counting ballots” after the day of the election “creates a concerning and potentially fraudulent impact” on the state’s elections.
The RNC explained that this helps make sure “ballots received after the Election are not counted” in the results.
“Counting ballots received after Election Day without a postmark creates a concerning and potentially fraudulent impact on Nevada’s elections,” Whatley said in a statement. “We are filing this lawsuit to ensure that Nevada law is followed and promote election integrity in the Silver State.”
The RNC’s press release added that they had “discovered that Nevada election officials routinely count non-postmarked mail ballots received after Election Day, in violation of the law.”
NEW: RNC Challenges Nevada's Mail Ballot Counting Practices@ChairmanWhatley: “Counting ballots received after Election Day without a postmark creates a concerning and potentially fraudulent impact on Nevada’s elections.” https://t.co/1xbYoEoSbB
— GOP (@GOP) June 3, 2024
In the lawsuit filed last month against Nevada Secretary of State Francisco, Cari-Ann Burgess, the Washoe County Registrar of Voters, Jan Galassini, the Washoe County Clerk, Lorena Portillo, the Clark County Registrar of Voters, and Lynn Marie Goya, the Clark County Clerk, the RNC, Trump campaign and the Nevada GOP stated that the purpose of the lawsuit was to seek “to enforce one critical component of Nevada’s post-election day counting of ballots.”
Former Nevada Gov. Steve Sisolak (D) signed Assembly Bill (AB) 321 law into effect in June 2021 which made mail-in voting practices in the state a permanent fixture.
Under AB 321, mail-in ballots that are sent in up to four days after the election are counted in the results, according to the Daily Indy.
“We are committed to ensuring the integrity of Nevada’s elections and inspiring voter confidence,” Michael McDonald, the chairman of the Nevada Republican Party, said in the press release. “Allowing ballots without postmarks to be illegally counted undermines both. We will continue to fight for fair elections for all Nevadans where only legal votes are counted and the system is secure.”
Similar lawsuits have also been filed in states such as Mississippi and North Dakota regarding the counting of mail-in ballots received after election day.
