Judge Miranda Du dismissed a challenge to a 2021 law that allows mail-in ballots to be counted after election day in Nevada
An Obama-appointed judge in Nevada has binned a Republican lawsuit that allows mail-in ballots to be counted up to four days after an election.
The Gateway Pundit reports that Federal District Court Judge Miranda Du dismissed a Republican challenge to a new law passed in 2021 that allows mail-in ballots to be counted after election day.
In her ruling, Judge Du said that there was no evidence that the plaintiffs “have suffered, or will likely suffer, an injury” from the new rules.
“It does not necessarily follow that mail ballots arriving after Election Day will skew Democratic,” she wrote.
“And even if later-arriving mail ballots have favored Democrats past elections, it is far from guaranteed that Nevada voters will behave similarly this November.”
Judge Du added that, “The Nevada mail ballot receipt deadline does not have an ‘individual and personal’ effect on the voting power of Republican voters; it neither undermines their access to the polls nor disproportionately diminishes the weight of their votes relative to other Nevada voters.”
Just over 65 million mail-in ballots were cast during the 2020 election, up from 33 million in 2016. A Heartland Institute survey of 2020 voters published this year showed that 30% of respondents voted by mail, and of that 30%, 28% admitted to committing one or more kinds of voter fraud, for example by voting in a state where they were no longer resident. The Heartland Institute then applied these responses to the actual election result and found that they would have resulted in a 278-260 electoral-college win for Trump in 2020.
The report states that “even if the level of fraud shown by our survey (28.2 percent of all mail-in ballots) substantially overstates the true level of fraud that occurred, Trump would still have won in most of the likely scenarios, with only three exceptions.”
Nevada Republicans have vowed to appeal Judge Du’s decision.
“Our case fights a Nevada law that shouldn’t be on the books; it breaks federal law and allows mail ballots to be counted after Election Day,” spokeswoman Claire Zunk said.
“Rather than letting us fight this in court, a liberal judge unjustifiably dismissed our case. Political parties must be allowed to fight invalid election laws that threaten the integrity of our elections. We are committed to protecting the ballot and we will pursue further legal action in this case.”
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