US judge refuses to block Nevada's mail-in primary election
RENO, Nev. (AP) — Nevada’s plan to conduct its June 9 primary election mostly by mail survived its first legal test in federal court Thursday when a judge upheld the state's authority to change the normal procedures in the face of the COVID-19 pandemic.
U.S. District Judge Miranda Du rejected an attempt by a conservative voting rights’ group Thursday to block the primary based on concerns about the potential for voter fraud.
Another hearing is scheduled next week in state court in Carson City where Nevada Democrats are trying to halt the current plan based on different concerns about the impact on minorities, the poor and the elderly.
Du ruled Thursday the right-leaning Voters’ Rights Initiative failed to establish legal standing necessary to obtain a court order blocking the election, primarily because the harm it claims is speculative.
But even if it had met that legal test, she said she would have denied the request for a preliminary injunction based on the merits of the case.
“The court finds that (Nevada's) interests in protecting the health and safety of Nevada's voters and to safeguard the voting franchise in light of the COVID-19 pandemic far outweigh any burden on plaintiff's right to vote,” Du wrote in a 24-page opinion.