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From The Hill: Nevada’s Supreme Court affirmed a lower court decision Monday allowing mail ballots to be counted if they arrive without a postmark up to three days after the Nov. 5 election.
A majority of the high court ruled the state law requiring mail-in ballots to be counted even if the postmark “cannot be determined” applied to ballots without any postmark, as well as ballots whose postmarks are illegible.
The decision served as a blow to Republicans, who argued the law should just apply to ballots whose postmarks are illegible.
“If a voter properly and timely casts their vote by mailing their ballot before or on the day of the election, and through a post office omission the ballot is not postmarked, it would go against public policy to discount that properly cast vote,” Nevada’s majority opinion read.
“Indeed, there is no principled distinction between mail ballots where the postmark is ‘illegible’ or ‘smudged’ and those with no postmark — in each instance, the date the mail ballot was received by the post office cannot be determined,” the court filing continued.
Story: The Nevada Supreme Court will allow state officials to count absentee ballots arriving without a postmark up to three days after the Nov. 5 Election Day, rejecting a challenge brought by the Republican Party in the swing statehttps://t.co/uNznsCHVHY
— Zoe Tillman (@ZoeTillman) October 28, 2024
Here’s the full order from the Nevada Supreme Court: https://t.co/JCLlh3zoXg
This case was in state court and dealt with state law issues; it’s different from the Mississippi case the 5th Circuit ruled in last week that dealt with federal law
— Zoe Tillman (@ZoeTillman) October 28, 2024
Sean Davis, CEO and co-founder of The Federalist, reacted to the ruling, writing, “Nevada Democrats will now know exactly how many ballots they’ll need to manufacture after polls close, and then they’ll have three days to manufacture them. No postmark necessary means no obstacle to firing up the ballot printer and making it go brrrr.”
Nevada Democrats will now know exactly how many ballots they’ll need to manufacture after polls close, and then they’ll have three days to manufacture them. No postmark necessary means no obstacle to firing up the ballot printer and making it go brrrr. https://t.co/beZAv8Y1fX
— Sean Davis (@seanmdav) October 28, 2024
Economist Timothy Peterson also blasted the ruling. He wrote:
In swing state Nevada, #Election2024 will continue after the election.
Don’t like the Nov. 7 results? Drop off a box of undated absentee ballots marked for your preferred candidate at the post office. The courts reasoning?“Republicans wouldn’t be irreparably harmed.”
In swing state Nevada, #Election2024 will continue after the election.
Don’t like the Nov. 7 results? Drop off a box of undated absentee ballots marked for your preferred candidate at the post office. The courts reasoning?“Republicans wouldn’t be irreparably harmed.” pic.twitter.com/MaoY6jNikz
— Timothy Peterson (@nsquaredvalue) October 28, 2024
Democrat lawyer Marc Elias, who serves as a top lawyer for the Harris campaign and was also an attorney for the Clinton campaign in 2016, is celebrating the ruling in Nevada. Elias was also behind the infamous Steele dossier, which falsely accused Trump of colluding with Russia.
“Donald Trump and the RNC lost another big case in Nevada today. I am proud that, once again, my law firm was there to hand them the big L,” Elias gloated.
Donald Trump and the RNC lost another big case in Nevada today. I am proud that, once again, my law firm was there to hand them the big L.
— Marc E. Elias (@marceelias) October 28, 2024
One X user fired back, “You’re proud of forcing ballots without postmarks up to 3 days AFTER the election to be counted in Nevada? You should be ashamed of the cheating you enable. You sold your soul and your country with it.”
You’re proud of forcing ballots without postmarks up to 3 days AFTER the election to be counted in Nevada?
You should be ashamed of the cheating you enable. You sold your soul and your country with it. https://t.co/HJvlAdHHdt
— Teacloc (@Teacloc) October 28, 2024
Meanwhile, Nevada Republicans were turning out in record numbers when early voting started last week.
🚨 BREAKING: Nevada experiences a dramatic +25 point swing towards Republicans on the first day of Early Voting! 🇺🇸 #ElectionUpdate
In Clark County, NV, a whopping 22,000 in-person voters cast their ballots on day one of early voting.
Early Voting Stats:
2020:
🔵 44% (+7)
🔴… pic.twitter.com/ooJb2YVBio— Tony Lane 🇺🇸 (@TonyLaneNV) October 20, 2024
Nevada Supreme Court rejects GOP mail ballot challenge https://t.co/MZ8AKH4kwy
— The Hill (@thehill) October 28, 2024
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