The lawsuit comes after Secretary of State Cisco Agular instructed local officials to reject voter roll challenges that did not comply with his office’s interpretation of the law.
Several Nevada clerks are failing to undertake their legally required duty to process citizen-led challenges of potentially ineligible voters on the state’s registration lists, a lawsuit filed Friday alleges.
Brought in Nevada’s First Judicial District Court by the Citizen Outreach Foundation (COF) and its president, Chuck Muth, the legal challenge contends that the election clerks of Carson City and Storey County are neglecting to fulfill their statutory obligation to process challenges to allegedly unlawful registrants on the counties’ respective voter rolls. Carson City Clerk Scott Hoen and Storey County Clerk Jim Hindle are named defendants in the case.
As noted in the lawsuit, the legal saga stems from an Aug. 27 directive issued by Democrat Secretary of State Cisco Aguilar. The memo instructed local clerks to refrain from complying with voter registrant challenges made under a specific provision of state law used by Muth and the COF.
As I previously wrote in these pages, the COF filed affidavits challenging the eligibility of nearly 4,000 registrants on July 29 under Section 535, which permits “any elector or other reliable person” to file challenges against registrants they have reason to believe are noncitizens or have moved to a different county or state with the intention of relocating there or “remaining there for an indefinite time.” The statute requires challengers to affirm “he or she has personal knowledge of the facts set forth in the affidavit.”
COF made its Section 535 challenges after its affidavits submitted under Section 547 were rejected. That section has seemingly stricter requirements for making challenges, such as the requirement that affidavits must be “based on the personal knowledge of the registered voter.” […]
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