The Republican National Committee (RNC) is intensifying its efforts to challenge state laws allowing mail-in ballots to be counted if they arrive after Election Day, provided they are postmarked by Election Day. This legal battle, initiated in several states including Nevada, Illinois, Mississippi, and North Dakota, underscores the GOP’s concerns about election integrity and transparency.
Approximately 20 states, along with Washington D.C., accept late-arriving mail ballots to accommodate postal delays and last-minute voters. However, the RNC argues that this practice undermines election security and violates federal law, which designates Election Day as the definitive endpoint for voting in federal elections.
BREAKING NEWS: Current Supervisor of Elections in Charlotte County, Florida – Leah Valenti – is allowing the mail in ballots to be opened in front of her while she is a candidate on the ballot & before the official canvassing board meets on Friday. This is illegal.#breakingnews pic.twitter.com/bpoDvUDiqI
— Corinne Cliford 🇺🇸 (@corinnecliford) August 7, 2024
The RNC's legal strategy has faced significant setbacks. Federal judges in Mississippi, Nevada, and North Dakota have dismissed the lawsuits, emphasizing that federal statutes allow for the counting of certain late-arriving ballots, such as those from overseas military personnel. Judge Louis Guirola, in the Mississippi case, highlighted that Congress has made provisions for late ballots under specific conditions, thereby supporting state laws that permit post-Election Day counting.
Despite these judicial defeats, the RNC remains undeterred. Claire Zunk, communications director for the RNC’s election integrity unit, reaffirmed the committee's commitment to appealing these rulings. The Mississippi case has been escalated to the conservative Fifth U.S. Circuit Court of Appeals, known for its stringent interpretation of election laws.
Former AG Bill Barr personally involved in drafting misleading statement on Pa. mail ballot investigation, DOJ watchdog finds.https://t.co/84MJsWjI3Z
— Secret Agent Number Six (@DesignationSix) August 5, 2024
The stakes are particularly high in swing states like Nevada, where the outcomes of elections can pivot on narrow margins. In the 2020 presidential election, President Joe Biden secured a victory in Nevada by approximately 33,500 votes, with a significant number of mail-in ballots arriving post-Election Day. The state's universal mail ballot program has since expanded, further complicating the GOP's efforts to restrict late ballot counts.
Democrats and voting rights advocates have criticized these lawsuits as politically motivated attempts to suppress voter turnout. They argue that the acceptance of late-arriving ballots is a longstanding practice aimed at ensuring that every vote is counted, particularly for military personnel and other voters who rely on mail-in voting.
The broader context of this legal push aligns with the RNC's nationwide effort to tighten voting regulations ahead of the 2024 election. The Democratic Legislative Campaign Committee reports tracking at least 47 bills in 18 states that seek to shorten the window for mail ballot returns, which critics argue could disenfranchise voters.
As the legal battles continue, the debate over mail-in voting and election integrity remains a focal point of the 2024 election cycle, with both parties gearing up for a contentious and closely watched election season.
