by Ian Milhiser
On Monday, Nevada Gov. Steve Sisolak (D) signed legislation intended to ensure that voters in his state can still cast a ballot during the Covid-19 pandemic.
Among other things, the new law (known as AB4) provides that registered Nevada voters will automatically receive a ballot in the mail, a common practice in Western states. It also requires the state to provide a minimum number of polling places for in-person voters, both on Election Day and for early voting.
President Trump’s response to this new law was apoplectic.
On Tuesday, one day after AB4 became law, Trump’s lawyers filed a lawsuit on behalf of Trump’s campaign and the Republican Party, seeking to block it.
Their legal complaint in Donald J. Trump for President v. Cegavske is not a model of careful legal argumentation. It claims, for example, that AB4 changed Nevada law to allow mailed-in ballots without postmarks to be counted so long as they arrive within three days of Election Day. In fact, Nevada law already allowed such ballots to be counted. An entire section of the complaint focuses on the fact that AB4 was enacted “on a weekend vote” — the state House approved the bill on a Friday, but the Senate passed it on a Sunday — without explaining how the day of the bill’s passage was relevant to its legality.
Though Trump for President v. Cegavske (the named defendant is Barbara Cegavske, Nevada’s secretary of state) targets several provisions of Nevada’s election law, its most significant attacks focus on two provisions — the provision allowing some late-arriving ballots to be counted, and a provision requiring the state’s two most populous counties to have a higher minimum number of polling places than less populous counties.
It’s not hard to guess why Trump wants late-arriving mail-in ballots to be tossed out. Multiple polls have shown that Biden voters prefer to vote by mail, while Trump voters are much more likely to vote in person.
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