The ACLU’s Nevada chapter filed a lawsuit Tuesday against a rural Nevada county and its interim clerk to stop the implementation of the county’s new hand-counting process, which was spurred by false claims of election fraud. The process entails hand-counting all paper ballots alongside a machine tabulator.
The lawsuit cites three main violations of the Nevada constitution, state or federal law in its claims.
The county plans to start hand-counting its mail-in ballots two weeks before Election Day, a process that the ACLU said risks public release of early voting results. The verbal announcement of each ballot’s results from hand-count teams will result in the release of election results and information, which the ACLU alleges violates state statute. The group also says Nevada statute criminalizes the release of early voting information, potentially putting the hand-count tally team members at risk of a misdemeanor.
While Nye County will use touch screens to comply with the Americans with Disabilities Act, that “impermissibly” permits election workers to ask about a voter’s disability or turn away otherwise eligible voters based on “arbitrary decision making,” per the lawsuit, which violates the Help Americans Vote Act.
The hand-count plan also uses “stringent signature verification,” which allows the clerk to require an ID card if a voter’s signature fails, which the ACLU said violates state statute. Normally, county clerks are required to contact the voter to ask them to confirm whether the signature used for the mail ballot belongs to the voter. Nye County’s in-person paper ballots mirror mail-in ballots.
ht/ brown-eyed girl