By Rashi Jain-
President Donald J. Trump Inc., Republican National Committee and Nevada Republican Party sued Barbara Cegavske, Nevada Secretary of state over bill expanding mail-in ballot for the general election challenging Assembly Bill 4 (AB-4) in United States District Court of Nevada.
AB-4 was passed on this Sunday, August 2, 2020, during the 32nd special session of the Nevada legislature. The act is in relation to election. It has enacted provisions for conducting elections adversely affected by certain emergencies or disasters like COVID-19. It has revised provisions that expand mailing ballots or absentee ballots for the 2020 general elections.
The lawsuit raised many concerns regarding this step taken by Nevada Legislature and asked the court to declare AB-4 illegal and to provide for injunctive relief. The lawsuit claims that the mail-in ballot for Nevada general election lacks integrity and will result in chaos.
“In an illegal late-night coup, Nevada’s clubhouse Governor made it impossible got Republicans to win the state. Post office could never handle the traffic of Mail-in votes without preparations. Using COVID to steal the state. See you in Court!” – Tweeted by Pres. Donald J. Trump, declaring the bill, a political move to win the general election in the state.
The lawsuit claims that even though under the U.S. Constitution, states have broad discretion to decide how to conduct their election, but the bill doesn’t comply with the U.S. constitution and with the federal laws, which are higher laws.
It also claims that the 25 newly added sections and more than 60 amended sections not only undermine the November election’s integrity but also violates federal law or the U.S. Constitution.
Further, it claims that AB-4 requires election officials to accept and count ballots received after Election Day even when those ballots lack objective evidence that voters cast them on or before the election date. This results in postponement of Nevada’s 2020 general election past the election day established by congress.
The lawsuit also claims that provisions requiring a certain number of polling places for early and election day voting in Clark and Washoe counties is unconstitutional, as it results in more in-person voting opportunities for people in Nevada’s urban counties than in rural counties. The lawsuit says that “violates rural voters’ rights under the Equal Protection Clause.
It further claims that the section requiring clerks of the county to “establish procedures for the processing and counting of ballots”. This process will lead to a lack of uniform standards across different counties, which could produce differences in rejection rates.
“These loopholes invites fraud, coercion, theft, or otherwise illegitimate voting that dilutes the votes of honest citizens and deprives them of their right to vote in violation of the Fourteenth Amendment,” The lawsuit claims.