Nevada Non-Postmarked Ballots Challenge (RNC)

Lawsuit filed on behalf of the Republican National Committee, Nevada Republican Party, Donald J. Trump for President 2024 and a voter against Nevada Secretary of State Francisco Aguilar (D) and several local elected officials in Washoe and Clark Counties challenging Nevada’s policy of counting ballots without a postmark received up to three days after Election Day. The plaintiffs argue state law prohibits counting ballots received after Election Day that do not contain any evidence indicating that they were delivered before or on Election Day. The plaintiffs allege that the state’s policy of counting non-postmarked ballots  unfairly dilutes legally cast votes and disproportionately harms Republicans who vote by mail significantly less than Democrats. They ask the court to block these officials from counting late ballots without a postmark on Election Day in November 2024.

On Aug. 2, the court denied the plaintiffs’ motion for a preliminary injunction therefore keeping the non-postmarked ballots guidance in place. On Aug. 7, the RNC appealed this case to the Nevada Supreme Court.

Oral argument in the Nevada Supreme Court in this case was held on Oct. 8, 2024.

RESULT: On Oct. 28, 2024, the Nevada Supreme Court affirmed the trial court’s decision. Non-postmarked ballots received up to three days after Election Day will be counted in the 2024 general election.

Last updated: October 28, 2024 2:08 pm EST