California Attorney General Rob Bonta has joined a coalition of 17 attorneys general in filing an amicus brief with the U.S. Court of Appeals for the Ninth Circuit. The brief supports a Nevada mail-in ballot law currently under challenge in Republican National Committee (RNC) v. Burgess. This law allows absentee ballots postmarked by Election Day and received within four days thereafter to be counted.
The U.S. District Court for the District of Nevada previously ruled that the RNC, along with several Republican organizations and a Nevada voter, did not have standing to bring their claims against this law. The RNC has since appealed this decision to the Ninth Circuit.
In their brief, the attorneys general argue that Nevada's statute aligns with states' constitutional authority to regulate elections. They point out that California has a similar law allowing ballots postmarked by Election Day and received within seven days to be counted.
Attorney General Bonta stated, “Yet again, the RNC is attempting to make it harder for Americans to participate in our democracy. It is disappointing, but unsurprising,” adding support for Nevada’s voting rights law and emphasizing voters' rights when casting ballots according to state requirements.
The brief also highlights that most states allow counting some mail-in ballots arriving after Election Day, asserting that states can make policy decisions about elections under their constitutional authority. The flexibility offered by laws like Nevada's plays a crucial role as absentee voting increases, particularly since more voters are using mail-in options.
Attorney General Bonta has previously defended similar laws in other states, such as Mississippi's allowance for counting absentee ballots if postmarked by Election Day and received within five days afterward.
Joining Attorney General Bonta in this filing are attorneys general from Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New York, Oregon, Rhode Island, Vermont, and Washington.
A copy of the amicus brief is available online.