RNC v. Burgess — Mail-in ballot deadlines (NV)
U.S. Court of Appeals for the Ninth Circuit
In This Resource
On May 3, 2024, the Republican National Committee, the Nevada Republican Party, the 2024 Trump campaign, and a Nevada voter filed a lawsuit against Nevada Secretary of State Francisco Aguilar and state election officials. In the suit, the plaintiffs asked the court to rule that a Nevada law allowing election officials to count some ballots received after Election Day is unconstitutional.
The law being challenged governs how state election officials determine the timeliness of mail-in ballots. Ballots are counted if they were postmarked by Election Day and received up to four days later, or if they have no identifiable postmark but were received up to three days after Election Day.
On July 17, 2024, Judge Miranda Du of the U.S. District Court for the District of Nevada dismissed the plaintiffs’ complaint, ruling that the plaintiffs did not have standing to bring the case. Existing state law determined which ballots were counted in 2024.
The plaintiffs appealed the July decision to the U.S. Court of Appeals for the Ninth Circuit. The appeal is currently pending. States United is serving as pro bono co-counsel to Sec. Aguilar.
- Appellees’ answering brief (filed Feb. 20, 2025)
- Appellants’ opening brief (filed Nov. 20, 2024)
- NPR: The GOP continues a legal fight against mail ballots that arrive after Election Day (Aug. 7, 2024)
- The Associated Press: US judge dismisses Republican challenge over counting of post-Election Day mail ballots in Nevada (July 17, 2024)