The Nevada Supreme Court has rejected a Republican challenge to the counting of mail-in ballots. The majority of the court decided in favor of postal voting without a postmark must be counted provided it arrives no later than three days after election day.
If a voter casts his vote properly and on time by mailing his ballot before or on the day of the election, and the ballot is not postmarked due to an omission by the postal service, it would be contrary to public policy to discount that properly cast vote.
In fact, there is no fundamental difference between mail-in ballots where the postmark is “illegible” or “smeared” and mail-in ballots without a postmark – in either case, the date on which the mail-in ballot was received by the post office cannot be determined.
Nevada is a key swing state with a enormous number of mail-in ballots. It is also a state that is on the verge of joining Donald Trump.
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State law already allows ballots received within a three-day grace period to be counted with an illegible postmark. This modern rule has meant that ballots that have not even been mailed can be accepted as valid ballots. While it is entirely understandable for a ballot to arrive with an illegible postmark, it is inconceivable for a ballot to arrive delayed and without a postmark.
This decision, based solely on state law, conflicts with a decision by the Fifth Circuit, which held that all ballots must arrive by Election Day and state law cannot preempt the Constitution in this regard; see Fifth Constituency Announces “Massive” Election Integrity Victory as Ballot-Receipt Deadline Expires. Unfortunately, this decision only applies to the states in the Fifth Circuit: Louisiana, Mississippi and Texas.
By eliminating the need for any evidence that a ballot has passed through the Postal Service, thereby overriding a key ballot security measure, the Nevada Supreme Court has opened the door to rampant voter fraud.
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RNC vs. Aguilar et al. from streak on Scribd
