Supreme Court Mail Ballot Case Could Transform Nevada Election Laws and Impact Nationwide Voting Dea

A pending U.S. Supreme Court case could significantly impact election laws in Nevada and 15 other states that allow mail ballots to be counted after Election Day if they are postmarked by Election Day. The case stems from a challenge to a Mississippi law that permits mail ballots postmarked by Election Day to be counted if received up to five days after polls close. Nevada currently allows ballots to arrive up to four days after Election Day, and up to three days for ballots without a postmark.

The Nevada Supreme Court upheld the state's deadlines in 2023, rejecting an appeal from the Republican National Committee and the Trump campaign, who argue that delayed ballot counting undermines election integrity. Donald Trump issued an executive order in March 2024 directing his administration to enforce laws requiring ballots to be received by Election Day.

The Democratic National Committee notes that the Supreme Court's decision could affect dozens of states with similar post-Election Day ballot counting practices. In response to ongoing debates, the Nevada Legislature has passed a resolution to place a constitutional amendment on the 2028 ballot to enshrine mail-in voting.

Republicans have praised the Supreme Court's decision to hear the case, arguing that delayed counting erodes public trust. Democrats, however, criticize efforts to restrict mail ballot counting, maintaining that such changes would unnecessarily disenfranchise voters. Nevada Secretary of State Francisco Aguilar highlighted that the vast majority of mail ballots in Nevada are received by Election Day and emphasized the need for federal investment to improve ballot processing speeds.

Amicus briefs before the Supreme Court illustrate the divide: conservative groups argue that late-arriving ballots cause frustration and could be prevented by stricter deadlines, while Nevada and other states warn that Election Day receipt requirements would spur litigation and risk disenfranchising voters whose valid ballots are delayed in the mail.

The Supreme Court is expected to hear arguments in the coming months, with a decision possible by late June 2024. The outcome could reshape how and when mail ballots are counted nationwide, with broad implications for future elections in Nevada and other states with similar laws.

 


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