Voting Rights

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

El voto es la piedra angular de nuestra democracia y el derecho fundamental sobre el que se basan todas nuestras libertades civiles.

LAS VEGAS — ACLU of Nevada Executive Director Athar Haseebullah released the following open letter following results from Election Day. 

The ACLU of Nevada has filed a motion to intervene in a lawsuit filed by the Citizen Outreach Foundation. The lawsuit seeks to remove over 19,000 registered voters from the voter rolls in Clark County, seven of whom are ACLUNV members. The challenge is based on the use of the National Change of Address (NCOA) database, which the petitioners claim indicates that these voters no longer reside at their registered addresses. The ACLU of Nevada argues that this method of challenging voter eligibility is unlawful under both state and federal law, particularly because such voter roll purges cannot be conducted within 90 days of an election. Furthermore, the organization argues that removing voters solely based on NCOA data without personal knowledge of their residency violates Nevada’s legal standards. The ACLU is intervening to protect their right to vote and prevent unlawful disenfranchisement just weeks before the November 2024 presidential election.

Citizen Outreach Foundation seeks to remove over 19,000 registered voters from the Clark County voter rolls ahead of the November 2024 presidential election. The removals are based on National Change of Address (NCOA) data, which they claim shows these individuals are no longer residing at their registered addresses. The ACLU of Nevada (ACLUNV) has filed a motion to intervene in the case, arguing that removing voters based solely on NCOA data violates both federal and state laws, which prevent systemic voter roll maintenance within 90 days of an election. The ACLU also argues that these challenges do not meet the requirements under Nevada law. At least fourteen ACLU members are among the voters being challenged. If the requested relief is granted, thousands of eligible voters could be wrongfully purged from the voter rolls, impairing their right to vote by mail or altogether disenfranchising them just weeks before the election. The organization further asserts that such a decision would set a dangerous precedent, leading to mass, arbitrary voter challenges. ACLUNV seeks to ensure that the voter roll maintenance laws are followed, safeguarding the right to vote for all eligible voters in Clark County.

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.

Nevada's "mailbox deadline" allows mail ballots received up to four business days after Election Day to be counted to account for the practical shortcomings of USPS policies and practices. For example, postmarks are not required on all mailings and are designed to prevent reuse of postage, and mail ballot postmarks may become smudged or illegible. To prevent arbitrary disenfranchisement of voters, mail ballots received by 5 p.m. on the third day after election day that are not clearly postmarked by Election Day are still counted. The Republican National Committee (RNC) claims that this deadline violates federal law because there is only one specific day recognized by federal law as the national election day. We filed an amicus brief asking the court to dismiss the case as Nevada's "mailbox deadline" is a valid exercise of the state's delegated authority over federal elections by the Electoral Count Reform Act, which does not prohibit state laws that allow for timely cast ballots to be received and counted in the days following the election. Furthermore, there are also no federal laws prohibiting or conflicting with Nevada's Mailbox Deadline Laws.