The Republican National Committee (RNC), Trump campaign, and Nevada GOP have filed a lawsuit (see below) challenging Nevada’s counting of mail ballots received after Election Day that lack a postmark. Nevada law requires mail ballots to be postmarked on or before Election Day to ensure that ballots received after the Election are not counted. The RNC alleges that they “have discovered that Nevada election officials routinely count non-postmarked mail ballots received after Election Day, in violation of the law.”

During the last legislative session, Deputy Secretary of State for Elections Mark Wlaschin testified that non-postmarked ballots received after Election Day are counted in Nevada. The RNC alleges that there is a significant risk of potential fraud and the illegal counting of ballots that lack a postmark.

Nevada law allows for counting of mail ballots that are received up to four days after Election Day only if postmarked on or before Election Day. It also allows for counting of mail ballots received up to three days after Election Day if the date of the postmark cannot be determined.

In a press release, RNC Chairman Michael Whatley stated, “Counting ballots received after Election Day without a postmark creates a concerning and potentially fraudulent impact on Nevada’s elections. We are filing this lawsuit to ensure that Nevada law is followed and promote election integrity in the Silver State.”

Nevada GOP Chairman Michael McDonald added, “We are committed to ensuring the integrity of Nevada’s elections and inspiring voter confidence. 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.”

This is the third lawsuit this year that the RNC has filed against the state and respective counties.

In March, the RNC and the Nevada GOP filed a lawsuit alleging five Nevada counties are violating the National Voting Rights Act (NVRA) by not maintaining clean and accurate voter rolls.

The DNC responded by filing an amicus brief requesting that the judge presiding over the case dismiss the “dangerous” and “flawed” lawsuit, warning that the lawsuit represents former President Donald Trump’s attempt to interfere in and undermine the public’s confidence in the upcoming November elections. The RNC’s lawsuit, they maintain, is nothing short of “political theater.”

“This lawsuit is not meant to protect the integrity of upcoming elections, but instead to provide the RNC with ammunition to undermine the general election’s results,” the brief says. “Indeed, former President Trump is already asserting interference with the 2024 general election, months before a single vote has been cast or counted.”

“Donald Trump and Republicans know they can’t win this election fair and square, so they’re doubling down on their losing 2020 playbook and taking aim at our voting rights and democracy. They will fail again,” Biden campaign spokesman Charles Lutvak said in a statement to CNN. “Our team is prepared and continuing the fight for democracy, we are defending the right to free and fair elections against Republicans’ junk lawsuits, and we will defeat Donald Trump once and for all in November.”

Last month, the RNC, Trump campaign and Nevada GOP filed a lawsuit challenging Nevada’s acceptance of mail ballots up to four days after Election Day, including unreadable postmarks received up to three days after Election Day, alleging  that the counting of ballots after Election Day violates federal election laws established by Congress.

For background, the Democratic majority in the Nevada legislature ushered in sweeping changes to state election laws during the pandemic. Legislation passed in 2021 legalized unlimited ballot harvesting, ballots by mail to all actively-registered voters, and extended deadlines for mail-in ballots.

RNC lawsuit