Narrative Opinion Summary
In this case, the petitioners, including the American Civil Liberties Union of Nevada, seek a writ of mandamus from the Nevada Supreme Court to challenge certain voting procedures in Nye County for the November 2022 election. The primary issues involve procedures for hand-counting ballots, limitations on the use of touchscreen voting machines, and signature verification protocols. The County planned to livestream the hand-counting process, potentially violating Nevada statutes prohibiting the premature release of election results. The Supreme Court found this could infringe upon statutory requirements, mandating a halt to such practices before polls close. Furthermore, the court addressed the accessibility of voting systems, confirming compliance with federal and state laws that require systems be accessible to individuals with disabilities. Petitioners contested the restriction of ADA-compliant machines to voters with special needs, but the court found no relief necessary as all voters could self-identify to use these machines. The court also ordered adherence to statutory methods for signature verification, ensuring voters have access to all available identity verification options. Ultimately, the petition was granted in part, addressing the livestreaming and identity verification issues, while denying relief concerning the touchscreen voting machine procedure.
Legal Issues Addressed
Accessibility Requirements for Voting Systemssubscribe to see similar legal issues
Application: The court assesses compliance with federal and state laws ensuring voting system accessibility for individuals with disabilities.
Reasoning: Federal law mandates that voting systems be accessible to individuals with disabilities, ensuring equal access without discrimination, as outlined in 52 U.S.C. 21081(a)(3)(A) and the Nevada Constitution, Article 2, Section 1A(9).
Mandamus Relief under Nevada Revised Statutessubscribe to see similar legal issues
Application: The court considers a writ of mandamus appropriate where no other adequate remedy exists, particularly in ensuring fair election processes.
Reasoning: A writ of mandamus can compel an official to perform a legally mandated duty when no other adequate remedy exists, as established in NRS 34.160 and supported by case law.
Prohibition of Premature Release of Election Resultssubscribe to see similar legal issues
Application: The court finds that the planned livestreaming of vote counting before polls close violates statutory prohibitions on releasing election results prematurely.
Reasoning: NRS 293.269925(1) prohibits the release of mail ballot voting results until all polls are closed and votes are cast, with violations resulting in misdemeanor charges.
Signature Verification Procedures in Electionssubscribe to see similar legal issues
Application: The court mandates adherence to statutory laws regarding signature verification, requiring available methods for identity verification be provided.
Reasoning: Consequently, a writ of mandamus is ordered to compel adherence to election laws regarding both the livestreaming of vote counts and the provision of all identity verification methods.