United States District Court of Nevada Dismisses Unfounded Claims Nevada VBM Rules Dilute Votes
Monday, The United States District Court of Nevada dismissed a suit brought by National Republicans that sought to curb Nevadans’ access to vote-by-mail and threatened the assurance that every vote be counted. The court found that Republicans did not have standing on claims that Nevada’s vote-by-mail law would cause vote dilution nor did their complaint prove that the law would cause harm to voters or candidates.
The United States District Court of Nevada’s decision is a victory for all Nevada voters and affirms that voters in the state can have every confidence that vote-by-mail is an easy, reliable form of participating in our democracy.
“Nevadans can now be assured their ability to vote safely by mail is secure and their votes will be counted fairly,” said DCCC Chairwoman Rep. Cheri Bustos. “In the face of a pandemic that threatens everyone’s safety, Nevadans should have confidence in every voting method. Democrats will continue to secure and ensure a fair election for all voters.”
“Today’s victory is an essential step to ensure Nevadans can easily exercise their right to participate in the election,” said DNC Chair Tom Perez. “No voter should have to risk their health and safety in order to make their voice heard, and Democrats will continue defending every Americans’ sacred right to vote.”
“Today is a win for democracy. Donald Trump and Republicans have been hell bent on limiting voting options for one clear reason: Republicans will lose if more Nevadans vote in this election,” said NV Dems Chair William McCurdy II. “Democrats prioritized Nevadans’ voting rights by passing Assembly Bill 4, legislation that ensures voters have options to make their voice heard even in the midst of a global pandemic. Unfortunately, we know this won’t be the end of Republicans’ voter suppression efforts. That’s why we’ve launched a robust voter education program including both a bilingual website and hotline to assist voters by providing the information they need to register to vote and to participate safely in this election. Nevada Democrats will always work to expand access to the ballot box and Republican tactics and frivolous lawsuits won’t stand in our way.”
The court dismissed Republican’s claims for lack of standing on the following arguments:
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Associational Standing for Voters | The court found that the plaintiff (Republicans) does not represent the rights of all voters. Further, the court found that Republicans failed to demonstrate how any one group of voters’ votes may be diluted by mail in voting.
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Direct Organizational Standing | The court rejected Republicans’ claim that Nevada’s vote-by-mail law discourages participation or causes confusion in the electoral system ahead of the November election among Republican voters. Further, Republicans failed to demonstrate that significant resources would need to be invested to counteract speculative, and thus unproven voter fraud.
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Direct and Associational Standing for Candidates | The court found that Republicans failed to prove how any candidates, let alone Republicans, faced unfair disadvantage based on rules under Nevada VBM election law.
Read the Court’s decision to dismiss here.