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  • A823821-W - Nevada Republican Committee vs. Clark County

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    Nevada Republican Committee vs. Clark County

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    A823821-W_Nevada Republican Committee vs. Clark County

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    Nevada Republican Committee vs. Clark County

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pdf or txt
    2K views3 pages

    A823821-W - Nevada Republican Committee vs. Clark County

    Uploaded by

    Tony Garcia
    Nevada Republican Committee vs. Clark County

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pdf or txt
    of 3

    A-20-823821-W

    DISTRICT COURT
    CLARK COUNTY, NEVADA

    Writ of Mandamus COURT MINUTES November 02, 2020

    A-20-823821-W Nevada Republican Central Committee dba Nevada Republican Party,


    Plaintiff(s)
    vs.
    Clark County, Defendant(s)

    November 02, 2020 3:20 PM Minute Order: Application for Order Compelling
    Disclosure of Public Records Pursuant to NRS
    239.011/Petition for Writ of Mandamus

    HEARD BY: Gonzalez, Elizabeth COURTROOM: Chambers

    COURT CLERK: Dulce Romea

    PARTIES None. Minute order only – no hearing held.


    PRESENT:

    JOURNAL ENTRIES

    - The Court, having taken evidence and heard argument related to the Petition for Writ of Mandamus
    related to the three public records requests made by the Petitioner pursuant to NRS 239.010,
    GRANTS the Petition IN PART:

    Petitioners' request for public records seeking records that did not exist at the time of the submission
    of the request claiming it is being made on a "rolling basis" is not appropriate. To the extent that
    request is for information not in existence at the time of the request, the public records request as
    made, is premature. As such the Court addresses only those records in existence at the time the three
    requests for public records were made.

    In accordance with NRS 239.0113, Respondent has demonstrated by a preponderance of the evidence
    that valid security concerns relate to information about employees/contractors. Accordingly the
    names, work schedules and other personal identifiers are deemed confidential at this time.

    In accordance with NRS 239.0113, Respondent has demonstrated by a preponderance of the evidence
    that valid security concerns relate to information about transportation of ballots. Accordingly this
    information will remain confidential.
    Respondent has demonstrated by a preponderance of the evidence that due to the public health
    PRINT DATE: 11/02/2020 Page 1 of 3 Minutes Date: November 02, 2020
    A-20-823821-W

    emergency, there has been a large increase in mail-in ballots and an increased difficulty in recruiting
    staff to assist with the responsibilities of the Election Department during a general election, which
    restrict the ability of Respondent to comply with these public records requests prior to the canvass
    deadline. These factors establish good cause for an extension of the statutory period for compliance
    with these public records requests.

    With respect to the October 16, 2020 request (Exhibit 1), due to the security concerns, the documents
    related to the composition and scheduling of the bipartisan counting board and ambassadors in
    existence as of October 16, 2020 will be produced by November 20, 2020. Respondent's security
    concerns related to the identities of these individuals will be significantly reduced after the canvass.
    In addition to the information previously provided in response to subpart 4, Respondent is to
    provide responsive public records through October 16, 2020 for the remaining subparts in that
    request by November 20, 2020.

    With respect to the October 19, 2020 public records request (Exhibit 2), as to subpart 1, policy and
    procedures in existence at the time of the request (except for k); any call script or instruction given to
    employees referenced in subpart 2; identification of individuals and shifts worked through October
    19, 2020 related to subpart 3; all reports identified in subpart 7 through October 19, 2020; all reports
    identified in 10 through October 19, 2020 not publicly available on the respondent s website; and, all
    records related to 11, 12 and 13 through October 19, 2020 will be produced. As a result of the time
    constraints, this information will be produced by November 20, 2020. Respondent s security concerns
    related to the identities of individuals who contact voters will be significantly reduced after the
    canvass. The items related to security of the transportation of ballots and interaction with law
    enforcement are security concerns will exist for future elections and are found to be confidential. The
    items related to communications with individual voters is also confidential although that information
    may be produced in a redacted form following the canvass deadline.

    With respect to the October 23, 2020 public records request (Exhibit 3), for those mail-in ballots or
    absentee ballots returned to the Election Department by October 23, 2020, Respondent to identify the
    number that did not contain a signature, the number that the signature did not match those records
    available for examination under AB4, and the number of the preceding ballots that were ultimately
    approved for tabulation. To the extent that any of the public records existed on October 23, 2020, the
    number of provisional ballots and conditional provisional ballots cast will be produced.

    Any subpart of any of the public records requests not specifically identified is denied.

    Currently Respondent makes much of the information requested available on its website.
    Respondent is not required to duplicate information already available on its website. The Court notes
    the Respondent s willingness to provide information as soon as it is possible given the canvass
    deadline and demands on the limited staff in the Election Department. Petitioners' counsel and
    Respondent s counsel are encouraged to communicate related to any dispute related to this ruling

    PRINT DATE: 11/02/2020 Page 2 of 3 Minutes Date: November 02, 2020


    A-20-823821-W

    prior to resetting this matter before the court. A status check regarding compliance is set on the
    Court s chambers calendar on November 20, 2020. Counsel may submit a status report requesting
    any further involvement of the Court on this issue at that time. Mr. Lee to prepare the order and
    submit for approval to Ms. Miller.

    PRINT DATE: 11/02/2020 Page 3 of 3 Minutes Date: November 02, 2020

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