Read on Twitter
I'll be live-tweeting this hearing on the lawsuit filed by NV GOP groups seeking a halt to Clark County's use of a signature verification machine. Scheduled to start at 2 p.m. PST https://twitter.com/RileySnyder/status/1324827217143083008
To recap, here's what the plaintiffs are requesting as part of the lawsuit (which was filed last night in federal court).
Our story on the complaint: https://thenevadaindependent.com/article/nv-republicans-file-last-minute-federal-suit-seeking-stop-to-automated-signature-verification-in-clark-county
Our story on the complaint: https://thenevadaindependent.com/article/nv-republicans-file-last-minute-federal-suit-seeking-stop-to-automated-signature-verification-in-clark-county
Here is the @NVSOS reply to the complaint, filed earlier today:
https://twitter.com/RileySnyder/status/1324808242522779648
And here is the NV Dems/DNC reply (they're intervening in the case) https://twitter.com/RileySnyder/status/1324805758899220481
https://twitter.com/RileySnyder/status/1324808242522779648
And here is the NV Dems/DNC reply (they're intervening in the case) https://twitter.com/RileySnyder/status/1324805758899220481
Many of the claims made in this lawsuit were also brought up in a separate state-level lawsuit last week, which was rejected in Carson City District Court. Our story on that order (which came out on Monday): https://thenevadaindependent.com/article/judge-rejects-trump-campaign-effort-to-slow-down-amend-clark-county-mail-ballot-counting-and-processing-system
Sounds like AG @AaronDFordNV and SOS @BarbaraCegavske are both on the call
Judge Andrew P. Gordon grants DNC / NV Dems motion to intervene in the case (wasn't opposed by plaintiffs)
Dave O'Mara, attorney for the plaintiffs, is immediately asked by Judge Gordon if a similar case in state court has been finished (parties in that case have filed a stipulation agreement & agreed to drop case)
It's hard to hear O'Mara - lots of feedback. Even the court clerk has interrupted to say she can't hear very well
Can hear somewhat better now - sounds like O'Mara is saying the poll observation plan by Clark County isn't meeting state law requirements.
Judge Gordon says he wants more info on request in lawsuit. "What are you asking for?"
Judge Gordon says he wants more info on request in lawsuit. "What are you asking for?"
I think O'Mara said he wants poll observers to be allowed within 6 feet of ballot counting, but again there is a lot of feedback and it's hard to hear
O'Mara says he wants an order requiring 3 ballot observers within 6 feet of ballot counters
Judge Gordon: Isn't that the Legislature's job, and not mine?
Judge Gordon: Isn't that the Legislature's job, and not mine?
Judge Gordon asks O'Mara to respond to Justice Kavanaugh's concurrence in recent DNC vs. RNC case in front of Supreme Court, which warned against federal intervention in state election rules.
O'Mara says plaintiffs are not asking court to change anything, but force election officials to follow the law.
Judge Gordon says that's being asked by plaintiffs to impose new standards/guidelines.
Asks a hypothetical if ballot counters are quiet or talking softly, should they have to speak into microphone to ensure observation?
"At what point does this get to the ridiculous?"
Asks a hypothetical if ballot counters are quiet or talking softly, should they have to speak into microphone to ensure observation?
"At what point does this get to the ridiculous?"
Judge Gordon:
You're asking for extraordinary injunctive relief....and what I'm not hearing is any narrow (relief)
You're asking for extraordinary injunctive relief....and what I'm not hearing is any narrow (relief)
the hearing has been interrupted, at least on the public side, by some very loud instrumentals.
we're back - sounds like O'Mara is trying to argue for a narrow injunctive relief plan that would allow for rotating, enhanced public access to observation to ballot counting
hold music is back
WHY WEREN'T WE IN LISTEN-ONLY MODE TO BEGIN WITH :(
Judge Gordon asks why Stokke (plaintiff, who said someone voted in her name), waited 8 days to try and resolve her ballot issue.
O'Mara says Stokke's delay in trying to resolve her ballot issue into his "consideration of immediate and irreparable harm, if not the balance of hardships and equity."
Judge Gordon brings up @NVSOS memorandum/interview, which stated that Stokke was offered ability to fill out a provisional ballot while issue with other ballot was dealt with.
"Why was that not an adequate remedy?"
"Why was that not an adequate remedy?"
O'Mara is now saying, incorrectly, that provisional ballots don't have all elections on them. Nevada lawmakers amended state law in 2019 to allow provisional ballots to be cast for all races, not just federal races or limited subset
Judge Gordon: Do you have any evidence that signature verification machine caused issues?
O'Mara: No evidence to show machine went thru proper procedure
Gordon: Why do I grant extraordinary relief if you don't have evidence to support the likelihood of success on the merits?
O'Mara: No evidence to show machine went thru proper procedure
Gordon: Why do I grant extraordinary relief if you don't have evidence to support the likelihood of success on the merits?
O'Mara says there is improper use of the signature verification machine because it accepted her signature w/out human (mechanical) review. Machine accepts about 30% of signatures, rest are hand-reviewed
Judge Gordon brings up that Clark County Registrar compared signatures by hand and determined that they matched. "You had a human being look at it."
O'Mara says the Democrats only used partial statutory language - claims they omitted language about checking ballots by hand
O'Mara says Clark County doesn't have public policies or rules on signature counting/verification, and that they're asking judge to "press pause."
Citing previous state case, Judge Gordon says that Carson City District Court Judge James Wilson found that county wouldn't be able to complete count of ballots if use of the machine was barred.
O'Mara disputes, says county could allocate more time to sig verification
O'Mara disputes, says county could allocate more time to sig verification
Judge Gordon: How long do you think it will take to finish the count if you have to do this all by hand?
O'Mara: Sunday, Monday at the latest if they don't use signature verification machine
O'Mara: Sunday, Monday at the latest if they don't use signature verification machine
O'Mara says that all ballots that have already gone through signature verification machine should be segregated because they believe they may be invalidated. Suggests holding evidentiary hearing next week on those ballots
Newby says we're in court this afternoon without any evidence that lawsuit could succeed on merits.
Newby says plaintiffs are asking for
"nebulous, undefined, no further than 6 feet away distance" that would likely violate CDC recommendations
"nebulous, undefined, no further than 6 feet away distance" that would likely violate CDC recommendations
Newby suggests that this could lead to constant hearings on how close observers could be, suggests that plaintiff suggestion to review all mail ballots processed through machine could lead to 1-2 weeks of delays
Newby says that any questions about NV election procedures would be better addressed by the Nevada Supreme Court, not a federal court
Newby says that use of the signature verification machine has been known for months -- says there's no surprise that Clark County (large, urban) would use a different system than a smaller, rural county
Newby says a plain and reasonable reading of state law to have a county use a different signature verification system
"It is a valid system."
"It is a valid system."
Newby: On that non existent factual basis (issues with signature verification machine), they want to shut down Clark County's counting of mail balloting
"There's no basis for it."
"There's no basis for it."
Newby: Extraordinary relief of what's being asked of this court requires evidence, not just talking points
Now up - Clark County attorney Mary-Anne Miller
Miller says state law allows members of the public to observe counting of ballots, as long they don't interfere w/ counting.
Says there is room for 30-35 observers in tabulation room, and there's been room everyday for observers
Says there is room for 30-35 observers in tabulation room, and there's been room everyday for observers
Miller says that plaintiff Chris Prudhomme floated between media and observer area, and tried to record activity from media area. Says he's welcomed back as an observer at any time as long as he doesn't disrupt the system
Miller says that signature of Stokke was reviewed by Clark County Registrar Joe Gloria and 2 trained supervisors and was determined to be a match
Miller is going through how the county uses the Agilis machine for signature verification.
Says plaintiffs have not shown any harm through either tabulation observation or use of signature verification machine
Says plaintiffs have not shown any harm through either tabulation observation or use of signature verification machine
