State of Nevada

Nevada Mail-in Voting Repeal Initiative Challenge

Jeng v. Cegavske

Lawsuit filed on behalf of a Nevada voter challenging a Republican-led ballot initiative seeking to restrict mail-in voting across the state. The initiative, spearheaded by a Republican-led PAC called “Repair the Vote,” seeks to repeal provisions of a new Nevada law that send all registered voters a mail-in ballot, allows for community ballot collection and accepts mail-in ballots missing a postmark that are received up to three days after Election Day.  The lawsuit alleges that the description of the ballot initiative “is deficient because it is argumentative, confusing, deceptive or misleading, and omits essential information regarding the Petition’s effects” in violation of Nevada law. Specifically, the plaintiff argues that the effect of the ballot initiative — that the initiative would remove “protections given to voters who may need assistance completing and delivering their ballots due to age, physical disability, or the inability to read and write” — is missing from the description. The complaint argues that the initiative’s misleading description does not allow a voter to make an “informed decision” about the initiative and therefore it should not be allowed to appear on the 2022 ballot or any other. On May 24, the court determined that the referendum violates Nevada law and prevented the secretary of state from adding the initiative to the Nevada ballot.

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