The judge considered that the plaintiffs did not provide convincing evidence.
A federal judge in Nevada has dismissed a lawsuit by President Donald Trump’s re-election campaign to block the state from mailing ballots to every registered voter.
The ruling is the latest victory for Democrats in swing states, including Michigan and Pennsylvania, where courts this month ruled that ballots sent by mail and received in specific periods after election day on November 3 should still be counted in the vote count.
The Trump campaign argued that the Nevada law, which includes provisions requiring ballots received within three days of November 3 to be counted, even if they don’t have a postmark on them, would lead to election fraud.
Experts note that election fraud is extremely rare in the United States. President Trump has repeatedly made unsubstantiated claims that voting by mail can lead to the falsification of election results.
In a court order dated Friday but released Monday, district judge James Mahan dismissed the lawsuit, saying that Trump’s campaign headquarters does not represent Nevada voters and has no legal basis for filing a complaint, which he called “unacceptably generalized.”
“The plaintiffs do not describe how their constituents will be harmed by vote dilution, unlike other voters,” Mahan wrote in the explanatory section. “Not only did the plaintiffs fail to report a significant risk of election fraud, but the state of Nevada also has its mechanisms to prevent fraud,” he wrote, adding that the alleged harm was “speculative in nature.”
The Trump campaign did not immediately respond to a request for comment.
Marc Elias, a lawyer, specializing in electoral law and worked with the Biden campaign, said in a tweet that the decision was a “big victory” for Democrats.
Nevada is among eight states that plan to send a ballot to each voter by mail. Election authorities in most states encourage voting at home because of the coronavirus.
On Monday, a federal judge in another state, Wisconsin, extended the deadline for the postmark on the sent ballot to November 9.