Golden State Today

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, supporting a Nevada mail-in ballot law. The case, Republican National Committee (RNC) v. Burgess, concerns a law that allows absentee ballots postmarked by Election Day and received within four days to be counted. The U.S. District Court for the District of Nevada previously ruled that the RNC and others lacked standing to challenge this law, prompting an appeal to the Ninth Circuit.

The coalition argues that Nevada's statute is within states' constitutional rights to regulate elections. 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." He emphasized support for Nevada’s voting rights law and stressed that lawful voters should not worry about their votes being discarded due to postal delays.

The brief outlines several points: many states count some mail-in ballots arriving after Election Day; states have constitutional authority over election regulation; and extending deadlines is crucial as absentee voting rises. Absentee voting has historically increased voter participation since its inception before America's founding.

Attorney General Bonta also defended a similar Mississippi law before the Fifth Circuit Court of Appeals. Joining him in this amicus brief are attorneys general from Colorado, Connecticut, Delaware, D.C., Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New York, Oregon, Rhode Island, Vermont, and Washington.

A copy of the brief is available online.