June 3, 2024 | Press Release

RNC Challenges Nevada's Mail Ballot Counting Practices

Press Release

WASHINGTON – The RNC, Trump Campaign, and Nevada GOP have filed a lawsuit challenging Nevada’s counting of mail ballots received after Election Day that lack a postmark. Nevada law clearly requires mail ballots to be postmarked on or before Election Day to ensure that ballots received after the Election are not counted. Yet we have discovered that Nevada election officials routinely count non-postmarked mail ballots received after Election Day, in violation of the law.

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 stated: "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."

Background: 

  • 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.
  • Nevertheless, Deputy Secretary of State for Elections Mark Wlaschin testified before the Nevada Legislature in April that non-postmarked ballots received after Election Day are counted in Nevada.
  • Nevada has universal mail voting where all registered active voters receive a mail ballot automatically. With this volume of mail ballots, it is critical that all votes are counted properly. 
  • There is significant risk that mail ballots lacking a postmark were not in fact mailed by Election Day, thus creating the potential for fraud and the illegal counting of ballots.  
  • Tens of thousands of ballots were received after Election Day in Nevada in 2022 – a significant number that can decide elections. Nevada must ensure this system is secure.

Read the complaint HERE.