“Cutting through the hysteria: The facts about Nevada’s mostly mail election”

Daniel Stewart oped in the Nevada Independent:

I am, among other things, an election-law attorney who has mostly represented Republicans. And I understand the instinct behind the initial response. Pictures of unused ballots piling up in trash cans trigger kneejerk nausea. Voting is sacred; ballots are too. But there is more to the story, and even a superficial dive into relevant law and actual practice should comfort, not concern. Our elections are in good hands, run by good people, who know what they are doing.

The debate over the vote-by-mail system is (or should be) fundamentally a question of law. Legal disputes don’t rely on popular opinion to sift right from wrong, and sometimes the answers are inescapable. 

Nevada law says quite a bit about conducting elections even in times like this. Our election officials, led by Secretary of State Barbara Cegavske, are following the rules, straight down the middle. They have implemented a system worthy of applause not criticism, one that uses legal tools already available, and does not stray outside existing legal boundaries even a little. Every Nevada voter now has an equal opportunity to vote without jeopardizing anyone’s health or safety. How is this cause for distress?

The issue sparking the most consternation—mailing ballots to inactive voters—does not lack for statutory guidance. On the contrary, the rules are plain and unambiguous. …

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