United States of America v. Aguilar

Voting is the cornerstone of our democracy and the fundamental right upon which all our civil liberties rest.

Across the nation, the federal government is attempting to dismantle long-standing protections for free speech, privacy, equality, and democracy. But freedom doesn’t just live in the courts or in Washington. It begins right here, in Nevada. Our cities, counties, and communities can be the first line of defense against federal overreach. ACLU of Nevada’s Firewall for Freedom campaign is both a proactive and responsive strategy to protect our rights and our people from unlawful federal interference. When local leaders refuse to be complicit in unconstitutional acts, when city councils pass protections, and when neighbors look out for each other, that’s how democracy endures. Local policies, local leadership, and local courage can stop unconstitutional federal actions before they take root.

On Oct. 4, 2022, the American Civil Liberties Union of Nevada filed a lawsuit against Nye County to prevent the county from moving forward with its proposed unlawful hand-counting scheme during this year’s elections. We are representing Nye County voters who risk having their freedom to vote suppressed by the county’s proposed procedures for this year’s election. The case is ACLU of Nevada v. Nye County, Case No. CV22-0503. We are asking the Fifth Judicial District court to prohibit the county from publicly announcing the selected candidates on each ballot prior to the close of polls on Election Day, from limiting the use of ADA touch screens to individuals with so-called “special needs,” from allowing election workers to ask about a voter’s disability or turn away otherwise eligible voters based on arbitrary decision making, and from using “stringent signature verifications” that violate state law. UPDATE: On November 15, 2022, the Supreme Court of Nevada denied to issue a ruling to stop Nye County from conducting a hand-count of ballots received in the 2022 midterm election.

During the 2024 Presidential Preference Primary, a nonpartisan observer who is also an ACLU of Nevada staff member was denied access to observe the election process by the Nye County Clerk's Office. The county implemented a policy that limited only one election observer per political affiliation, even when there was space available, violating Nevada law and the Nevada Constitution, which protects individuals’ right to observe voting, handling, and processing ballots. The ACLU of Nevada filed a lawsuit against Nye County for violating these rights by prohibiting them from observing the voting process. Our Nevada Constitution protects the right to access to information and access to observe government activities, ensuring there is transparency in our democratic processes. This case seeks to affirm the rights of Nevadans to uphold election transparency and prevent viewpoint discrimination in our democracy.