ACLU of Nevada Sues Nye County Over Nonpartisan Election Observation Policy

County employees open ballots in the ballot opening area of the mail ballot processing room at the Washoe County Registrar of Voters office in Reno, Nev. on Monday June 3, 2024. (AP Photo/Andy Barron, File)

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. 

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.”

Read the lawsuit here.

Learn more about the case here.