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85507: Case ViewNevadaAppellate CourtsAppellate Case Management SystemC-Track, the browser based CMS for Appellate Courts22-33248: This document is currently unavailable. If you need a copy of this document, please contact Clerk's Office at (775)684-1600.
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For official records, please contact the Clerk of the Supreme Court of Nevada at (775) 684-1600.Case Information: 85507 Short Caption: AM. CIVIL LIBERTIES UNION OF NEV. VS. CTY. OF NYE (BALLOT ISSUE) Court: Supreme Court Lower Court Case(s): Nye Co. - Fifth Judicial District Classification: Original Proceeding - Civil - Mandamus Disqualifications: Case Status: Writ Issued Replacement: Panel Assigned: En Banc To SP/Judge: SP Status: Oral Argument: Oral Argument Location: Submission Date: How Submitted:
+ Party Information Role Party Name Represented By Petitioner American Civil Liberties Union of Nevada Christopher M. Peterson (American Civil Liberties Union of Nevada/Las Vegas)
Sadmira Ramic (American Civil Liberties Union of Nevada/Las Vegas)
Sophia A. Romero (American Civil Liberties Union of Nevada/Las Vegas)Petitioner Steven Bacus Christopher M. Peterson (American Civil Liberties Union of Nevada/Las Vegas)
Sadmira Ramic (American Civil Liberties Union of Nevada/Las Vegas)
Sophia A. Romero (American Civil Liberties Union of Nevada/Las Vegas)Respondent Mark Kampf Harry L. Arnold (Marquis Aurbach Chtd.)
Brian R. Hardy (Marquis Aurbach Chtd.)Respondent Nye County Harry L. Arnold (Marquis Aurbach Chtd.)
Brian R. Hardy (Marquis Aurbach Chtd.)
+ Due Items Due Date Status Due Item Due From 11/15/2022 Open Remittitur 11/28/2022 Open Original Writ
Docket Entries Date Type Description Pending? Document 10/17/2022 Filing Fee Filing Fee due. (SC). 10/17/2022 Petition/Writ Filed Emergency Petition for Writ of Mandamus. (SC) 22-32471
10/17/2022 Appendix Filed Appendix to Petition for Writ. (SC) 22-32472
10/17/2022 Filing Fee Petition Filing Fee Paid. $250.00 from Chris Peterson. E-Payment Ref. no. 22101742023423. (SC) 10/17/2022 Order/Procedural Filed Order Directing Expedited Answer. Respondents' answer due: Wednesday, October 19, 2022 by 12 noon. ). Petitioners shall have until 9 am on Thursday, October 20, 2022, to file and serve any reply. (SC) 22-32660
10/19/2022 Petition/Writ Filed County of Nye and Mark Kampf's Answer to Emergency Petition for Writ of Mandamus Pursuant to NRAP 21(a)(6). (SC) 22-32889
10/19/2022 Appendix Filed Respondents' Appendix. (SC) 22-32891
10/20/2022 Petition/Writ Filed Petitioners' Reply to Response to Emergency Petition for Writ of Mandamus. (SC) 22-32989
10/21/2022 Order/Dispositional Filed Order Granting in Part Petition for Writ of Mandamus. "ORDER the petition GRANTED IN PART AND DIRECT THE CLERK OF THIS COURT TO ISSUE A WRIT OF MANDAMUS instructing Nye County and County Clerk Mark Kampf to (1) refrain from livestreaming the hand-count read-aloud process prior to the close of the polls on November 8, require all observers to certify that they will not prematurely release any information regarding the vote count before then, and ensure public observers do not prematurely learn any election results, and (2) make available to voters of all three of the statutorily established methods for proving voter identity when a signature verification fails. For the reasons stated herein, we ORDER the petition DENIED with respect to the touchscreen issue." 22-33248
10/25/2022 Writ Issued Writ with letter. Original and two copies of writ and two copies of order mailed to Attorney Sadmira Ramic for service upon Nye County and County Clerk Mark Kampf. (SC) 22-33700
10/27/2022 Motion Filed Petitioners' Motion Emergency Motion for Clarification Pursuant to NRAP 27. (SC) 22-33780
10/27/2022 Appendix Filed Petitioners' Appendix to the Emergency Motion Vol. 2. (SC) 22-33781
10/27/2022 Motion Filed County of Nye and Mark Kampf's Opposition to Emergency Motion for Clarification. (SC) 22-33926
10/27/2022 Order/Procedural Filed Order Granting Motion for Clarification. Petitioners have now filed an emergency motion for clarification, asserting that respondents have interpreted this language in our order as differentiating between the "vote count process" and "election results," such that respondents believe only the "totality of vote count results" is precluded from premature release. Respondents oppose the motion. Because it appears that respondents over-read our order and clarification is warranted, we grant petitioners' motion and hereby clarify that "any election results," as set forth in the mandate directing respondents to "ensure public observers do not prematurely learn any election results," includes orally pronounced ballot selections and per-room tallies. As our October 21 order explained, the ability of observers to hear the read-aloud selections on ballots violates NRS 293.269935(3) (prohibiting the early release of "voting results" and criminalizing the dissemination "to the public in any way information pertaining to the count of mail ballots") and NRS 293.3606(5) (barring the premature reporting of "returns for early voting" and criminalizing the public dissemination of "information relating to the count of returns for early voting"). Therefore, observers may not be positioned so as to become privy to the ballot selections and room tallies. The specifics of the hand-count process and observer positioning so as not to violate this mandate is for respondents and the Nevada Secretary of State to determine. (SC). 22-33945
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Document Info
Docket Number: 85507
Filed Date: 10/21/2022
Precedential Status: Precedential
Modified Date: 10/31/2022