Las Vegas Sun

March 28, 2024

U.S. judge asked to block Nevada’s mail-in primary election

Table Top the Vote 2018

Wade Vandervort

Nevada Secretary of State Barbara Cegavske attends Table Top the Vote 2018, a national election cyber exercise hosted by the U.S. Department of Homeland Security, Monday, Aug. 13, 2018. On Tuesday, March 24, 2020, Cegavske announced that voting in the June 2020 primary elections in Nevada would be conducted via mail because of the coronavirus outbreak

RENO — A U.S. judge in Reno plans to hear Wednesday from lawyers for Democrats and conservative voting rights activists who are challenging — for different reasons — plans to conduct Nevada’s primary election predominantly by mail because of COVID-19.

The conflict involves lawsuits at the state and federal level, both major political parties and voters with divergent political views who argue their constitutional rights will be violated if the primary moves forward as planned June 9.

Three voters represented by lawyers for True the Vote Inc. Voters’ Rights Initiative are asking U.S. District Judge Miranda Du for an injunction blocking the existing format. They say it would “require the state to forgo almost all in-person voting” and “all but ensure an election replete with ... ballot fraud.”

“The plan alters the nature of Nevada’s election, changing it from an in-person election with absentee ballots received by request to a scheme of mailing mail-in ballots to some, but not all, registered voters and highly restricted walk-in voting options,” according to their lawsuit filed last week.

Republican Secretary of State Barbara Cegavske’s emergency rules announced last month allow registered voters to cast ballots in-person during early voting beginning May 23 and on Election Day, but require only one polling place per county.

Democrats defend the mail-in approach generally. But they filed suit in state court earlier to block the plan based on concerns there won’t be enough polling places to accommodate in-person voters.

They also argue absentee ballots should be sent to all registered voters, not just those considered "active” because they participated in the last two elections. Inactive voters must specifically request absentee ballots.

Nevada’s Republican Party has aligned itself with Cegavske in the state case. An evidentiary hearing is scheduled May 7 in Carson City. It hasn’t taken a formal position on the federal case.

Judge Du agreed last week to expedite Wednesday's telephone hearing because mail-in ballots are scheduled to be sent to voters next week. She granted intervenor status late Tuesday for lawyers to participate on behalf of the Nevada Democratic Party, Democratic National Committee and Democratic Congressional Campaign Committee.

Attorney General Aaron Ford, a Democrat responsible for representing Nevada in court, filed briefs Monday defending Cegavske’s plan.

“Recognizing the unprecedented global pandemic, state and local officials came together to work within existing statutory to ensure a fair Nevada primary election while minimizing health risks to its voters,” Deputy Solicitor General Gregory Zunino wrote on his behalf.

Plaintiffs seeking the U.S. injunction include Terresa Monroe-Hamilton, a conservative blogger who maintains COVID-19 is “an act of war by China.”

The Democrats’ lawyers “vigorously dispute plaintiffs’ contentions that mail voting is either unconstitutional or likely to result in fraud.” But they agreed in briefs filed Monday the plan doesn’t go far enough to ensure everyone’s rights. They also challenge the prohibition on anyone other than a voter’s family member assisting with mail-in ballots.

The Democrats contend many voters are switching to vote-by-mail for the first time, including those with mobility issues or in remote areas. They cite seniors living in assisted-living facilities and others under orders to stay at home because of COVID-19.

“Without expansive options to vote by mail, many voters will be forced to choose between risking their health to vote in person and participating in the June primary,” they wrote.

The Republican National Committee and Nevada GOP have filed a state motion opposing broadening of outside assistance. The GOP said Democrats are trying to force Cegavske to skirt rules protecting the integrity of ballots by allowing “political operatives to show up on voters’ doorsteps to collect ballots.”