Nevada County Settles ACLU Lawsuit Over Election Observation Policy
The Nye County, Nevada Clerk’s Office has settled a lawsuit filed by the ACLU of Nevada over a county policy related to nonpartisan election observation.
According to the lawsuit, an ACLU election observer was denied access to observe Nye County’s election process in Nevada’s June presidential primary election. The ACLU observer was told that the county implemented a policy limiting election observers to one per political party, even when there’s space available. The ACLU staff member was observing the election as a nonpartisan observer. According to state law, county clerks must allow members of the general public to observe conduct of voting at any given polling place.
Nevada continues to be a hotspot for voting and election lawsuits with over a dozen voting and election lawsuits filed this cycle.
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According to reporting from 2 News Nevada, Nye County agreed that they won’t restrict election observers based on political affiliation. Nye County Clerk Cori Freidhof said in a statement that her office followed guidance from legal counsel and won’t bar anyone who wants to be an election observer, because of their political affiliation, on election day.
“We have worked closely with the ACLU to address the concerns that occurred in a previous election and before I was appointed as the County Clerk,” she said. “As the County Clerk, I am dedicated to providing public access to the election process and we have implemented procedures to make sure access is granted.”
Original story, Sept. 13:
The ACLU of Nevada filed a lawsuit on Tuesday against the Nye County Clerk’s Office for denying one of their nonpartisan staff members access to observe the election process in the state’s June presidential primary election.
According to the lawsuit, an ACLU staff member was blocked “from observing voting and the handling and processing of ballots during the 2024 Presidential Preference Primary election.” Under Nevada state law, county clerks must allow members of the general public to observe conduct of voting at any given polling place.
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But when the ACLU of Nevada staff member went to observe the ballot counting as a “nonpartisan observer,” they were denied access by the county clerk because the county implemented a policy limiting election observation to one observer per political affiliation, even when there’s space available.
“Through its observers, the ACLU of Nevada receives actionable information on issues that arise at the polling locations, gains an understanding of the election process in each county, and can assist voters who are prevented from casting their ballot,” the lawsuit reads.
The lawsuit argues that Nye County’s election observer policy — and the staff member’s denied entry to observe the elections process in June — violates state law and the Nevada Constitution. The ACLU of Nevada said in a release that the case “seeks to affirm the rights of Nevadans to uphold election transparency and prevent viewpoint discrimination in our democracy.”