State of Nevada

Nevada Ballot Receipt Deadline Challenge (RNC)

Republican National Committee v. Burgess

Lawsuit filed on behalf of the Republican National Committee (RNC), Nevada Republican Party, Donald J. Trump for President 2024 and a voter against Nevada Secretary of State Fransisco Aguilar (D) and several local election officials in Washoe and Clark Counties challenging Nevada’s ballot receipt deadline. Nevada law allows mail-in ballots received up to four business days after Election Day to be counted and presumes that ballots received up to three days after Election Day were postmarked on Election Day. The plaintiffs argue that this violates the U.S. Constitution and federal law which set Election Day for presidential and congressional elections. They also argue Nevada’s ballot receipt deadline violates the rights of the RNC and its candidates to stand for office because Republicans cannot prevail when ballots are counted after Election Day unless they divert considerable resources to post-election activity. Finally, the plaintiffs argue that Nevada’s ballot receipt deadline violates their right to vote because counting votes received after Election Day means that votes that are lawfully cast are unfairly diluted. 

The RNC asks the court to find Nevada’s ballot receipt deadline unconstitutional and to temporarily and permanently block Nevada from counting ballots received after Election Day during the 2024 general election.

STATUS: The plaintiffs filed their complaint on May 3, 2024. The defendants have not responded yet.

Case Documents

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