Audit claims Clark County unlawfully deleted Nevada election records
Clark County Violated Laws by Deleting Voter Registration Records, Audit Claims
In a litigation notice sent to Clark County Registrar Lorena Portillo on Tuesday, Restoring Integrity and Trust in Elections (RITE) asserted that Nevada’s most populous county violated the National Voter Registration Act (NVRA) and several state laws by deleting most of its election-related communications after six months.
The NVRA requires states to “maintain for at least 2 years” and “make available for public inspection … all records concerning the implementation of programs and activities conducted for the purpose of ensuring the accuracy and currency of official lists of eligible voters.” The two exceptions to this provision are documents disclosing the identity of the government department through which any specific registrant was registered and those documenting that an individual declined to register to vote.
RITE discovered the apparent issue following attempts to obtain similar documents from other Nevada election officials last year. The conservative legal group purportedly acquired “a trove of responsive Clark County records covered by the NVRA” from Washoe County and the Nevada secretary of state’s office “that were not contained within [Clark County’s] purportedly complete productions.”
The records Clark County did produce “compare unfavorably to those of Washoe County on a number of dimensions, even though the jurisdictions are similarly situated with respect to the NVRA,” RITE’s notice reads. “For example, entire classes of documents that are voluminous within Washoe County’s productions are suspiciously sparse in those of Clark County. RITE is also confident that Clark County’s productions would compare unfavorably to those of the Secretary’s Office, had RITE not permitted it to exclude from its production records reflecting its communications with county election officials, including Clark County’s.”
RITE argued the only ways such disparities can exist is if Clark County officials “withheld records [they] are obligated” to produce or “failed to maintain these records ‘for at least 2 years,’” both of which would constitute violations of the NVRA and various Nevada laws.
“RITE has identified a new disappearing act in Las Vegas, but this one is far less entertaining than a magician on the Strip,” RITE President Derek Lyons said in a statement.
While RITE said it will “work with Clark County in good faith” to obtain the requested records, the group’s lawyer, Justin Riemer, warned Portillo that RITE could file a lawsuit if the county fails to “come into full compliance with the NVRA” within 90 days. Riemer also requested Portillo disclose her office’s record retention policies and “acknowledge any unlawful record retention practices that may have affected RITE’s lawful entitlement to records covered by the Request and confirm [she has] removed and adequately modified [her] NVRA-violating protocols.”
Shawn Fleetwood is a staff writer for The Federalist and a graduate of the University of Mary Washington. He previously served as a state content writer for Convention of States Action and his work has been featured in numerous outlets, including RealClearPolitics, RealClearHealth, and Conservative Review. Follow him on Twitter @ShawnFleetwood
What specific laws did Clark County allegedly violate by deleting election-related communications, including emails, memos, and reports?
At least 2 years’ as required by the NVRA.” The notice alleges that the deletion of election-related communications, including emails, memos, and reports, violated the law and undermines the transparency and integrity of the electoral process.
The audit claims that Clark County’s actions are not only a violation of federal law but also several state laws, including Nevada’s public records law. RITE argues that the deletion of these records hinders the public’s ability to access and verify the accuracy of voter registration information, which is crucial in ensuring fair elections.
The issue came to light when RITE attempted to obtain similar documents from other Nevada election officials and discovered the disparity in the records produced by Clark County. The conservative legal group obtained records from Washoe County and the Nevada secretary of state’s office that were not included in Clark County’s productions. This led RITE to suspect that Clark County had deliberately withheld or failed to maintain the required records.
RITE’s notice points out the significant differences between the records produced by Clark County and those of other jurisdictions. Documents that were abundant in Washoe County’s productions were noticeably sparse in Clark County’s records. RITE also asserts that if they had not excluded records reflecting communications with Clark County election officials, the comparison between Clark County’s productions and those of the Secretary’s Office would be unfavorable.
The implications of these findings are significant. The integrity of voter registration records is crucial in maintaining the fairness and legitimacy of elections. By deleting these records, Clark County has potentially compromised transparency and accountability. The public’s trust in the electoral process is undermined when there is a lack of access to information that ensures the accuracy and currency of official lists of eligible voters.
RITE is seeking remedies for these alleged violations of the NVRA and state laws. The litigation notice sent to Clark County Registrar Lorena Portillo serves as a formal complaint, highlighting the gravity of the issue and seeking legal recourse. If these claims are substantiated, it could have far-reaching consequences for Clark County’s electoral practices and serve as a wake-up call for jurisdictions across the country to ensure compliance with voter registration laws.
In conclusion, the audit conducted by Restoring Integrity and Trust in Elections raises serious concerns about Clark County’s deletion of voter registration records. The alleged violations of the NVRA and state laws highlight the need for transparency and accountability in the electoral process. This case serves as a reminder that the integrity of voter registration records is crucial in ensuring fair and legitimate elections. It is now up to the legal process to determine the veracity of these claims and provide the necessary remedies to restore trust in Clark County’s electoral practices.
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