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Election Integrity Nonprofit Files Lawsuits Against Two Nevada Counties to Remove Ineligible Voters – Nevada Globe

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Election Integrity Nonprofit Files Lawsuits Against Two Nevada Counties to Remove Ineligible Voters – Nevada Globe


On Friday, Citizen Outreach Foundation (COF), sponsor of the Pigpen Project to clean up the voter rolls in Nevada, filed a lawsuit (see below) against the clerk’s offices in two Nevada counties asking the court to instruct them to process challenges of suspected ineligible voters who have moved from the residence where they are registered.

SOS Aguilar meetings with Washoe County interim registrar Cari-Ann Burgess during the PPP (Photo: @CiscoAguilar)

For background, as reported by The Globe:

Since May, the foundation has “filed roughly a dozen “test challenges” in Clark County under a provision of state law known as Section 547 using data from the secretary of state’s office and the U.S. Postal Service’s National Change of Address database. It also compared this information with the “official voter registration records of 15 other states.”

Thirteen of the 17 Nevada counties received the challenges from COF and half of the counties processed them by sending a verification letter to the voter in question. The counties that were non responsive included Clark County, the largest county in the Silver State.

In early August, after the routine maintenance list was published by the NVSOS, the foundation filed another challenge related to voters who have moved out of the state, within the state to a different county, or moved within the county to a different voting district.

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In a conversation with The Globe, Muth confirmed that an additional total of 34,222 challenges of “ineligible, ‘moved’ voters” had been filed in early August. Of that total, approximately 20,000 are in Clark County and an estimated 11,000 challenges were filed in Washoe County.

Due to the lack of response to those challenges, COF then filed a public records request in late August and found that the SOS had intervened by issuing a memo on August 27 to election officials.

The memo from Deputy Secretary of Elections Mark Wlaschin claimed that the “personal knowledge” requirement under Section 535 should be interpreted in exactly the same way as the requirement in Section 547. He further instructed clerks to reject challenges made under the former section by organizations like COF that do not fulfill the latter’s definition of “personal knowledge.”

“It is the opinion of the Secretary of State that such challenges do not meet the requirement of ‘personal knowledge’ of facts supporting the challenge required by NRS 293.535 and 293.547,” Wlaschin wrote. “County clerks who receive these challenges should reject them and instruct challengers that personal knowledge gained through firsthand experience or observation of the facts relating to a voter’s eligibility is necessary to file a valid challenge under either statute.”

Wlaschin admitted that “‘personal knowledge’ is not explicitly defined under [Section 535] or implementing regulations,” yet claimed “the Secretary views the term to mean the same thing in both statutes.”

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Filed by The O’Mara Law Firm on behalf of COF, the Petition for Writ of Mandamus asks the First Judicial Court of the State of Nevada “to compel the Carson City and Storey County Clerks to perform their duties…by requiring the Clerks to notify the registrant of the challenge and take the necessary actions as required under NRS 293.530.”

“This was a last resort action we’ve worked hard to avoid,” said Chuck Muth, president of COF, in a press release. “We’ve done everything by the book and according to the law, but the Clerks got caught between a rock and a hard place. Some had been properly processing our challenges as required by law,” Muth continued, “until Nevada Secretary of State Cisco Aguilar issued a directive in August advising them to reject our challenges based on a bizarre reading of the statute. So we were left with no choice but to seek the court’s intervention,” he concluded.

Muth noted that some Clerks had been working cooperatively with his organization in processing the challenges until Secretary Aguilar’s memo, while others have been hiding behind the directive as an excuse to duck their responsibilities.

This is the first of what COF expects will be multiple lawsuits filed in other counties this week unless they reject the Secretary of State’s opinion and immediately begin processing the duly-filed challenges.

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DOJ sues Nevada for allegedly withholding voter registration information

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DOJ sues Nevada for allegedly withholding voter registration information


The Department of Justice filed a federal lawsuit against Nevada on Friday, alleging that the state failed to provide statewide voter registration lists when requested, according to a news release.

Colorado, Hawaii, and Massachusetts were also sued, bringing the total to 18 states now facing lawsuits from the Justice Department. The department’s Civil Rights Division filed the complaints.

Francisco Aguilar, Nevada secretary of state, was charged with violating the Civil Rights Act after he responded on Aug. 21 to a letter from U.S. Attorney General Pam Bondi, saying there was no basis for her request for certain voter information, asserting privacy concerns, according to the lawsuit.

According to the complaint, Aguilar provided a link to the state’s computerized voter registration list. However, the version shared contained incomplete fields, including registrants’ full names, dates of birth, addresses, driver’s license numbers, and the last four digits of their Social Security numbers.

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Aguilar’s Aug. 21 letter said his office would follow up, but the attorney general never received the list containing all the requested fields, the lawsuit said.

According to the news release, Congress assigns the attorney general primary responsibility for enforcing the National Voter Registration Act and the Help America Vote Act, both enacted to ensure that states maintain accurate and effective voter registration systems.

The attorney general also has authority under the Civil Rights Act of 1960 to request, review, and analyze statewide voter registration lists, according to the release.

“States have the statutory duty to preserve and protect their constituents from vote dilution,” Assistant Attorney General Harmeet K. Dhillon said in the release. “At this Department of Justice, we will not permit states to jeopardize the integrity and effectiveness of elections by refusing to abide by our federal elections laws. If states will not fulfill their duty to protect the integrity of the ballot, we will.”

Contact Akiya Dillon at adillon@reviewjournal.com.

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Police: Deadly crash closes all lanes at I-15, Charleston

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Police: Deadly crash closes all lanes at I-15, Charleston


LAS VEGAS (FOX5) — A deadly crash has closed all lanes at I-15 and Charleston Boulevard, police say.

Nevada State Police posted on social media after 7 p.m. about the crash. Police say drivers in the area should use other routes.

Police have not immediately shared details about the victim or if other people are involved. It’s not yet confirmed if impairment is suspected.

This is a developing story. Check back later for details.

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Top Interior Department official has ties to Thacker Pass lithium mine – High Country News

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Top Interior Department official has ties to Thacker Pass lithium mine – High Country News


This story was co-published with Public Domain.

Karen Budd-Falen, a top official at the Department of Interior, has financial ties to the controversial Thacker Pass lithium mine in northern Nevada — a project that the Trump administration worked to fast-track during its first term. In recent months, the administration took an equity stake in the mine and the mine’s parent company. 

After an unexplained delay, Public Domain and High Country News obtained Budd-Falen’s financial disclosure earlier this month, which details her family’s extensive land holdings. Among them is Home Ranch LLC, a Nevada ranching operation valued at over $1 million. Nevada’s business search database shows a Home Ranch LLC that listed Frank Falen as the manager in February 2022. Frank Falen is also the name of Karen Budd Falen’s husband.

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Karen Budd-Falen, senior partner at Budd-Falen Law Offices LLC, speaks at the 2024 Western Ag and Environmental Law Conference. Budd-Falen is a top official at the Interior Department. Credit: uacescomm / CC via Flickr

In November 2018, not long after Karen Budd-Falen joined the first Trump administration as a top legal official at the Interior Department, Home Ranch LLC agreed to sell water rights to Lithium Nevada Corporation, the company developing the Thacker Pass mine, for an undisclosed amount of money, according to a Securities and Exchange Commission filing. Frank Falen is listed on the document. 

A Home Ranch also appears in planning documents that Lithium Nevada submitted to federal regulators during Trump’s first term. A monitoring plan for Thacker Pass, dated July 2021, notes that the company intended to use existing stock water wells owned by Home Ranch LLC to “monitor potential drawdown impacts” from its mining operations. 

The water purchase agreement and other records raise questions about potential conflicts of interest. Budd-Falen was appointed in March as associate deputy secretary to Interior Secretary Doug Burgum — a position that does not require Senate confirmation. She also served as a high-ranking legal official at the Interior Department during President Trump’s first term. 

It was during that earlier government stint that her official calendar lists a November 6, 2019 meeting in which Budd-Falen was scheduled to have “lunch with Lithium Nevada.” 

In 2019, Lithium Nevada, a subsidiary of the Canadian mining firm Lithium Americas, was seeking speedy approval for its Thacker Pass mine in northern Nevada. In the waning days of the first Trump administration it received just that. In January 2021, the Bureau of Land Management approved the mine project, which includes some 5,700 acres of public land. 

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The $2.2 billion, open-pit mine project has drawn fierce opposition from area tribes and environmentalists, who argue it threatens water resources, endangered species and sacred cultural sites. Thacker Pass, known as Peehee Mu’huh to the Paiute Shoshone people, was the site of an 1865 massacre of at least 31 Paiute people.

Budd-Falen was being considered to lead the BLM during Trump’s first term, but turned down the director job when she learned that she and her husband would have to sell their interests in their family ranches to avoid conflicts of interest, she told The Fence Post in 2018. 

Since returning to power, Trump and his team have again worked to move the project forward, as part of a broader push to boost critical mineral mining in the U.S. In September, the Trump administration struck a deal with Lithium Americas to take a 5% equity stake in both the Thacker Pass mine and the company, in exchange for the release of loan money from the Department of Energy. 

Budd-Falen has largely worked behind the scenes at the Interior Department. Little is known about what issues she has focused on since returning to the sprawling agency. Notably, Interior officials have yet to release her ethics agreement, which would detail any companies or projects that are off limits. 

“Did she have any oversight of the environmental review process regarding Thacker Pass? It is a big question,” said Kyle Roerink, executive director of the Great Basin Water Network, a water conservation group in Nevada. “If she didn’t recuse herself, it would fly in the face of the impartial decisionmaking that Americans expect from government officials.”

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