The Nevada Supreme Court affirmed on Monday that absentee ballots arriving without postmarks can still be counted up to three days after Election Day if they were received by county election officials by Nov. 5.
The ruling denied a challenge from the swing state’s Republican Party, the Republican National Committee, and the Trump campaign, which argued the process risks undermining election security. Backers of the suit sought stricter adherence to Nevada’s absentee voting laws, especially in light of polls predicting a close race between former President Donald Trump and Vice President Kamala Harris in the state.
In a lawsuit filed earlier this year, national and state Republicans argued that Nevada’s mail-in ballot deadline is unconstitutional. They specifically took issue with provisions allowing ballots to be processed even without a postmark if they arrive within three days after Election Day. The lawsuit named Nevada’s Secretary of State Cisco Aguilar (D) and various county clerks as defendants, targeting their role in enforcing the state’s current mail-in ballot laws.
Nevada law requires that all absentee ballots be mailed by Election Day, with a four-day grace period to allow for postal delays. Any ballot with a postmark verifying it was sent by Election Day can be accepted and processed during this period. However, ballots that lack a postmark may still be counted up to three days after the election if they are received by Election Day, which the GOP argued could open the door to problems with ballot validation.
The RNC contended that unmarked ballots favored Democratic candidates, suggesting that such ballots received post-Election Day would disproportionately benefit Democrats. However, the Nevada Supreme Court said in its 17-page decision the RNC presented “no evidence” to prove there was a partisan lean of mail ballots that do not have a postmark.
The state Supreme Court pointed out that the RNC cited only 24 unmarked mail ballots received after the 2024 primary, none of which had affected election outcomes.
Emphasizing the importance of stable election procedures, the Nevada justices held that “the public has an interest in the fair and orderly operation of elections,” citing the Supreme Court’s 2006 case Purcell v. Gonzalez, which they said underscores “the strong public interest in exercising the fundamental political right to vote.”
The Nevada Supreme Court’s ruling upheld a prior decision from Carson City District Court Judge James Russell in August, which emphasized the importance of ensuring the broadest possible participation in elections.
“The public interest is served by ensuring that the maximum number of legitimate voters are counted,” Russell said in his decision at the time. He added that disqualifying ballots due to missing postmarks would ultimately “disenfranchise voters.”
RNC spokeswoman Claire Zunk told the Washington Examiner that requiring post markings to list the date on or before Election Day is a “critical election integrity safeguard” to ensure ballots mailed after Election Day are not counted.
“It is also a requirement of Nevada law. By allowing Nevada officials to ignore the law’s postmark requirement, the state’s highest court has undermined the integrity of Nevada’s elections,” Zunk added.
The Nevada ruling comes as other states have extended counting for mailed ballots. Colorado, for example, also uses a mail-in voting system but requires ballots to be received by 7 p.m. on Election Day. Utah mandates that ballots be postmarked a day before the election and can be received several days after.
Under new voting laws established by the Nevada legislature in 2021, measures were introduced to maintain voter roll accuracy, including removing ineligible and deceased voters.
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Nevada also now allows mail-in ballots to start being counted 15 days before Election Day, meaning the results are likely to come in more quickly than in 2020, when it took several days for the state’s race to be called for President Joe Biden.
Three days after the state’s Nov. 8 election in 2022, Nevada had counted approximately 90% of the votes, and the victory for Republican Gov. Joe Lombardo was called on Nov. 11.
