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A judge on Monday ordered that the counting of ballots cast early by Nevada voters in Clark County could go on as planned.
Voter Fred Kraus, along with Donald J. Trump for President Inc. and the Nevada Republican Party, had petitioned the court to stop the early vote count, claiming Nevada Secretary of State Barbara Cegavske had violated the rights of Nevada voters and acted beyond the scope of her authorized powers, among other things.
They had argued the signature-verification process for mail-in ballots was inadequate and that observers didn’t have sufficient opportunity to view or challenge election workers’ processes, the Las Vegas Review-Journal reported. In addition, they sought to stop the use of an Agilis ballot-sorting machine to verify Nevada voters’ signatures.
In denying the petitioners’ request, District Judge James E. Wilson Jr. wrote that they had no standing in bringing their claims.
“Today’s ruling makes clear that there is a proper procedure to observe an election that even the president must follow, and it’s most certainly a victory for the constitutional rights of all Nevadans,” Nevada Attorney General Aaron Ford told CNN.
Nevada’s largest city, Las Vegas, is in Clark County, which is home to about 70% of Nevada voters, CNN reported.
In an attempt to hold elections with health, political and other considerations in mind when it comes to the coronavirus pandemic, Nevada, like many states, had a only a short time to implement procedures that would allow Nevada voters to cast their ballots in a safe and timely manner.
According to Judge Wilson’s order, every Nevada county was required to submit an election plan by April 15. However, Clark County registrar Joseph P. Gloria failed to meet that deadline, submitting a plan to Cegavske on Oct. 20.
Cegavske’s office reviewed the Clark County plan, and issued a letter to Gloria on Oct. 22 that indicated the plan was approved, with a suggestion that Gloria consider providing additional seating, as feasible, for observers who wanted to view the signature verification process Nevada voters go through.
Clark County, unlike the rest of the state, uses electronic ballot sorting system Agilis, which was purchased due to the pandemic so Nevada voters’ signatures could be processed more efficiently, Judge Wilson’s order explains. County election staff tested the system by manually matching signatures, which they are trained on annually.
According to Judge Wilson, the county is using the same setup for the general election as was used in the June primary, and “no evidence was presented that the setting used by Clark County causes or has resulted in any fraudulent ballot being validated or any valid ballot invalidated.”
He also wrote there was no evidence presented of Agilis or signature match rate errors.
Gloria says anyone wishing to observe the ballot process must sign an acknowledgment and memo containing instructions, according to Judge Wilson’s order. Gloria reports he is “not aware of any observer complaints.”
However, several witnesses for the petitioners reported an inability to see names on monitors, to see into some rooms, trouble getting to their designated observation spots and other issues.
“There has been great concern whether the rolls are clean and properly registered voters are the ones receiving ballots, signing them and mailing them back,” Trump for President Nevada co-chairman and former Nevada attorney general Adam Laxalt told The Associated Press. “All we want is to be part of the signature verification process and the ability to challenge a mail-in signature.”
But, Judge Wilson wrote, no evidence was presented that anyone wanted to challenge a vote or had their vote challenged, that there was a signature-match error, that any election official failed to take appropriate action on a ballot that was invalidated, or that any official was biased in favor of or against a particular party or candidate.
Judge Wilson ultimately concluded neither Gloria nor Cegavske had acted inappropriately or unlawfully when it comes to ballots cast early by Nevada voters.
“All Nevada voters have the right to choose to vote in-person or by mail-in,” Judge Wilson ruled. “… There is no evidence that anything the State or Clark County have done or not done creates two different classes of voters.”
Do you think the counting of early ballots cast by Nevada voters should have been stopped? Let us know your thoughts in the comment section below.
The Petition to Stop Early-Vote Counting in Clark County is Fred Kraus, et al. v. Barbara Cegavske, et al., Case No. 20-oc-00142-1b, in the First Judicial District Court of the State of Nevada in and for Carson City.
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