Nevada’s Secretary of State, Francisco Aguilar, has directed local election officials to refrain from investigating thousands of voter registrations linked to individuals who have left the state. This decision has sparked significant controversy, particularly as the state gears up for the high-stakes November election.
The Citizens Outreach Foundation, a watchdog group, recently initiated legal action against four Nevada jurisdictions, seeking to compel a review of the voter registration lists. In response to an August memo from Aguilar’s office, the plaintiff is asking the court to mandate local offices to process or review challenges to certain voters’ names.
Chuck Muth, president of Citizens Outreach Foundation, has characterized this situation as a “David vs. Goliath” struggle, noting that well-funded opposition—including Democratic superlawyer Marc Elias and the American Civil Liberties Union (ACLU)—has intervened to thwart efforts aimed at maintaining accurate voter rolls.
The foundation identified questionable voter registrations by cross-referencing voter files with the U.S. Postal Service’s change-of-address database. Initially flagging just under 4,000 names, the organization later expanded its review to reveal approximately 33,000 suspect names on Nevada’s voter rolls.
Muth expressed concern that many local election offices had begun to address these challenges but halted their efforts after receiving Aguilar’s memo, which they interpreted as guidance to refrain from processing the challenges. “Several counties had started to process the challenges until the secretary of state memo,” Muth told The Daily Signal. “After that, they said that in light of the secretary’s memo, we are not going to process.”
Faced with inaction from election officials, the Citizens Outreach Foundation opted to pursue litigation as a last resort. Muth stated that election clerks find themselves “caught between a rock and a hard place.” Their legal action targets Clark County—home to Las Vegas—as well as Washoe County, Carson City, and Storey County.
The organization, known for its Pigpen Project aimed at cleaning Nevada’s voter registration rolls, argues that local election offices must address these challenges to prevent ineligible voters from receiving mail-in ballots. Muth underscored that their current review only pertains to individuals who have moved out of state, not those who may be noncitizens or deceased.
The secretary of state’s office, via a spokesperson, declined to comment due to ongoing litigation. However, a memo from Mark A. Wlaschin, deputy secretary for elections, asserted that challenges must be supported by “personal knowledge” about the individual voter’s eligibility. According to Wlaschin, recent challenges based on data reviews should be rejected, emphasizing that firsthand knowledge is necessary for valid claims.
Muth criticized this definition of “personal knowledge,” arguing that government data sources, such as the U.S. Postal Service and state voter rolls, should satisfy legal standards for voter eligibility challenges.
The stakes are particularly high in Nevada, a key battleground state where previous elections have been tightly contested. In the last two presidential elections, the margins were razor-thin, with Biden defeating Trump by about 33,000 votes in 2020 and Trump losing to Clinton by 27,000 votes in 2016. Current polling shows Vice President Kamala Harris leading Trump by 1.1% in the state.
The first court hearing regarding the litigation is scheduled for October 23. Muth expressed concerns about the timeline for resolving these issues, stating, “At this point, we are likely stuck as far as 2024 goes.” The foundation’s lawsuit requests the Nevada First Judicial Court to compel Carson City and Storey County election clerks to perform their statutory duties, specifically notifying registrants of challenges and taking necessary actions under Nevada Revised Statutes.
Responses from local officials indicate a cautious adherence to existing state laws and directives from the Secretary of State’s office. Carson City Recorder Scott Hoen emphasized his compliance with NRS, while the Storey County Clerk referred inquiries to the district attorney’s office, which has yet to respond. Similarly, Clark County officials declined to comment on pending litigation.
The ACLU of Nevada has entered the fray, filing a motion to intervene in the Washoe County case. The ACLU argues that removing names from voter rolls fewer than 90 days before an election contravenes the 1993 National Voter Registration Act. “This isn’t just about Washoe County,” stated ACLU of Nevada Executive Director Athar Haseebullah. “We’re seeing similar voter purge attempts across the country, targeting voters with flawed data and reckless methods.”
A judge has permitted intervention motions from various progressive organizations, including RISE, the Institute for a Progressive Nevada, and the Nevada Alliance for Retired Americans. These groups assert that processing challenges against tens of thousands of voters could lead to “electoral chaos” just as ballots are being mailed out.
As legal battles unfold, Muth underscores the uphill challenge faced by the Citizens Outreach Foundation, stating, “Now our little Nevada nonprofit organization is going up against various County Clerks/Registrars, their District Attorneys, the Nevada Secretary of State, the Nevada Attorney General… and Marc Elias. Talk about David vs. Goliath.”