ALLISON MacKENZIE, LTD. 402 North Division Street, P.O. Box 646, Carson City, NV 89702, ‘Telephone: (775) 687-0202. Fax: (775) 882-7918 E-Mail Address: [email protected] Seer aun nen ist 13 4 15 16 17 18 19 20 2 2 2B 24 25 26 27 28 RECDAPLED KAREN A. PETERSON, ESQ. 19 p25) Nevada State Bar No. 366 MIAN Pit 2150 JUSTIN TOWNSEND, ESQ. ‘Nevada State Bar No. 12293 ALLISON MacKENZIE, LTD. 402 North Division Street Carson City, NV 89703 ‘Telephone: (775) 687-0202 Email: [email protected] Email: [email protected] RAND J. GREENBURG, ESQ Nevada State Bar No. 13881 ELKO COUNTY DISTRICT ATTORNEY'S OFFICE 540 Court Street Elko, NV 89801 Telephone: (775) 738-3101 Email: [email protected] Attomeys for Plaintiffs IN THE FIRST JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR CARSON CITY JOHN KOENIG, an individual: GREGORY T. HAFEN, Il, an individual; ELKO COUNTY, a political subdivision of the State of Nevada; WILDE BROUGH, an individual; BURT GURR, an individual; REX STENINGER, an individual; SAM MORI, an individual; TRACY MORI, an individual; PETER M. MORI, an individual; TAMMY MORI, an individual; JOHN ELLISON, an individual; and WILLIAM O’DONNELL, an individual, Plaintiffs, Case No: 21 OC 00166 1B vs. Dept. No: II STATE OF NEVADA, ex rel., THE HONORABLE STEPHEN SISOLAK, in his official capacity as Govemor of the State of Nevada; THE HONORABLE AARON FORD, in his official capacity as the Attorney General of the State of Nevada; and THE HONORABLE BARBARA K. CEGAVSKE, in her official capacity as Secretary of State for the State of Nevada, Defendants. / FIRST AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEFALLISON MacKENZIE, LTD. 402 North Division Street, P.O. Box 646, Carson City, NV 89702, ‘Telephone: (775) 687-0202 Fax: (775) 882-7918. /@allisonmackenzie.com E-Mail Address: | Scena an noun i 12 13 4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FIRST AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF Plaintiffs, JOHN KOENIG, an individual, GREGORY T. HAFEN, II, an individual, ELKO COUNTY, a political subdivision of the State of Nevada, WILDE BROUGH, an individual, BERT GURR, an individual, REX STENINGER, an individual, SAM MORI, an individual, TRACY MORI, an individual, PETER M. MORI, an individual, TAMMY MORI, an individual, JOHN ELLISON, an individual and WILLIAM O'DONN! LL, an individual, hereby complain and allege as follows against Defendants, THE HONORABLE STEPHEN SISOLAK, in his official capacity as the Governor of the State of Nevada, THE HONORABLE AARON FORD, in his official capacity as the Attomey General of the State of Nevada and THE HONORABLE BARBARA K. CEGAVSKE (the “Secretary of State” or the “Secretary”): [TRODUCTION 1 Plaintiffs bring the present action pursuant to NRS 30.030 et seq. and NRS 33.010 to challenge the validity of Nevada's Senate and Assembly Districts (collectively, “Legislative Districts”), as drawn and identified in Senate Bill (“SB”) 1 passed by the Legislature of the State of ‘Nevada (the “Legislature”) on November 16, 2021 during the 33 (2021) Special Session of the Legislature, on grounds that they contravene the Nevada and United States Constitutions. 2. Plaintiffs seck a declaration that the current Legislative Districts are invalid and seek an injunction prohibiting the Governor, Attorney General and Secretary of State from enforcing SB 1 and calling, holding, supervising, or taking any action regarding Senate or Assembly elections based on the current Legislative Districts set forth in SB 1. PARTIES 3. Plaintiff, JOHN KOENIG, is a United States citizen and registered Republican voter in the State of Nevada. He resides in Pahrump, Nevada in Nye County. Under the current Legislative redistricting plans, Plaintiff KOENIG resides in what would be, under SB 1, Assembly District 33. Plaintiff KOENIG has consistently voted for Republican candidates for Nevada Legislative Districts and plans to vote in 2022. 4. Plaintiff, GREGORY T. HAFEN, If, is a United States citizen and registered Republican voter in the State of Nevada, He resides in Pahrump, Nevada in Nye County. Under theALLISON MacKENZIE, LTD. 402 North Division Street, P.O, Box 646, Carson City, NV 89702 ‘Telephone: (775) 687-0202 Fax: (775) 882-7918 E-Mail Address: [email protected] current Legislative redistricting plans, Plaintiff HAFEN resides in what would be, under SB 1, Assembly District 36. Plaintiff HAFEN has consistently voted for Republican candidates for Nevada Legislative Districts and plans to vote in 2022. 5. Plaintiff ELKO COUNTY is a political subdivision of the State of Nevada acting through its duly elected board of county commissioners. The Legislature found and declared in NRS 244.137(6) a board of county commissioners are provided with the appropriate authority to address matters of local concern for the effective operation of county government. NRS 244.143(1) defines “matter of local concem” to mean any matter that primarily affects or impacts areas located in the county, or persons who reside, work, visit or are otherwise present in areas located in the county. 6. NRS 244.161 provides for the county’s promotion of civil and equal rights of residents of the county and NRS 244.1615 provides the board of county commissioners may take any action designed to increase the extent and quality of participation of the residents of the county in the development of public policy and the improvement of the operation of government at all levels. Pursuant to NRS 244.146(3) a board of county commissioners shall not order or conduct an election ‘except as expressly authorized by statute. Plaintiff ELKO COUNTY is required to conduct elections in 2022 pursuant to the Legislative Districts created by SB 1 7. SB 1 provides for the establishment of Senate and Assembly Districts in Elko County which primarily affect or impact areas located in the county and primarily affect or impact persons who reside and work in Elko County. SB 1 splits Elko County into two different Assembly and two different Senate Districts. Residents who reside and work in Elko County ate now included in Assembly and Senate Districts that span from western Elko County to the other end of the state in ‘Washoe County and the northern California border and span from Elko County in northern Nevada to Clark County in southern Nevada and the southern California border. 8. SB 1 splits voting Precinct 28 in Elko County into two Assembly and two Senate Districts. Residents who reside and work in Precinct 28 are now included in different Assembly and Senate Districts that span from western Elko County to the other end of the state in Washoe County and the northem California border and span from Elko County in northem Nevada to Clark County in southem Nevada and the southem California border.ALLISON MacKENZIE, LTD. 402 North Division Street, P.O. Box 646, Carson City, NV 89702 Mail Address: [email protected] Telephone: (775) 687-0202 Fax: (775) 882-7018 9. SB 1 impacts and harms the operation of county government because the Elko County Clerk will now be required to print different ballots for county and precinct residents as SB 1 splits Elko County, including Precinet 28, into two different Assembly and two different Senate Districts with residents voting in Assembly and Senate Districts running from northem Elko County to Washoe County and from northern Nevada to Clark County in southern Nevada. 10. Plaintiff WILDE BROUGH is a United States citizen and registered Republican voter in the State of Nevada, He resides in Wells, Nevada in Elko County. Under the current Legislative redistricting plans, Plaintiff BROUGH resides in what would be, under SB 1, Assembly District 33 and Senate District 19. Plaintiff BROUGH has consistently voted for Republican candidates for Nevada Legislative Districts and plans to vote in 2022. Plaintiff BROUGH is a duly elected and sitting Elko County Commissioner representing District 1 in Elko County. SB 1 splits Elko County into 2 Assembly Districts and 2 Senate Districts. Effective January 1, 2022, Plaintiff BROUGH's Commission District 1 includes constituents who reside in 2 different Assembly Districts and 2 different Senate Districts based upon the maps approved in SB 1, thereby splitting communities of interest and their issues in his Commission District between different Assembly and Senate Legislative Districts. 11. Plaintiff, BERT GURR, is a United States citizen and registered Republican voter in the State of Nevada. He resides in Elko, Nevada in Elko County. Under the current Legislative redistricting plans, Plaintiff GURR resides in what would be, under SB 1, Assembly District 33 and Senate District 19. Plaintiff GURR has consistently voted for Republican candidates for Nevada Legislative Districts and plans to vote in 2022. 12, Plaintiff, REX STENINGER, is a United States citizen and registered Republican voter in the State of Nevada. He resides in Lamoille, Nevada in Elko County. Under the current Legislative redistricting plans, Plaintiff STENINGER resides in what would be, under SB 1, Assembly District 33 and Senate District 19. Plaintiff STENINGER has consistently voted for Republican candidates for Nevada Legislative Districts and plans to vote in 2022. 13. Plaintiffs, SAM MORI and TRACY MORI are United States citizens and registered Republican voters in the State of Nevada. They reside in Tuscarora, Nevada in Elko County. UnderALLISON MacKENZIE, LTD. 402 North Division Street, P.O. Box 646, Carson City, NV 89702 ‘Telephone: (775) 687-0202 Fax: (775) 882-7918. E-Mail Address: [email protected] Soca rautrevn WL 12 3 14 15 16 7 18. 19 20 2 2 23 24 25 26 27 28 the current Legislative redistricting plans, they reside in what would be, under SB 1, Assembly District 33 and Senate District 19. Plaintiffs SAM MORI and TRACY MORI have consistently voted for Republican candidates for Nevada Legislative Districts and plan to vote in 2022. Plaintiffs SAM MORI and TRACY MORI operate a family cattle ranch business with Plaintiffs PETER M. MORI and TAMMY MORI who reside across the highway — a stone’s throw away. 14, Plaintiffs PETER M. MORI and TAMMY MORI are United States citizens and registered Republican voters in the State of Nevada, They reside in Tuscarora, Nevada in Elko County. Plaintiffs PETER M. MORI and TAMMY MORI have consistently voted for Republican candidates for Nevada Legislative Districts and plan to vote in 2022. Plaintiffs PETER M. MORI and TAMMY MORI operate a family cattle ranch business with Plaintifis SAM MORI and TRACY MORI who reside across the highway — a stone’s throw away. Prior to the enactment of SB 1, Plaintiffs PETER M. MORI and TAMMY MORI resided in Assembly District 33 and Senate District 19 and their family and business interests were entirely located in Assembly District 33 and Senate District 19. Under the current Legislative redistricting plans, Plaintiffs PETER M. MORI and TAMMY MORI reside in what would be, under SB 1, Assembly District 32 and Senate District 14. For 64 years the MORI family and business interests have been in the same Legislative Districts and their family and business interests have never been subject to separate Legislative representation. The MORI family and business interests are split by SB 1’s redistricting for no legitimate or justifiable reason, 15. Plaintiff, JOHN ELLISON, is a United States citizen and registered Republican voter in the State of Nevada, He resides in Elko, Nevada in Elko County. Under the current Legislative redistricting plans, he resides in what would be, under SB 1, Assembly District 33 and Senate District 19, Plaintiff ELLISON has consistently voted for Republican candidates for Nevada Legislative Districts and plans to vote in 2022. 16. Plaintiff, WILLIAM O’DONNELL, is a United States citizen and registered Republican voter in the State of Nevada. He resides in Reno, Nevada in Washoe County in the Somersett development. Under the current Legislative redistricting plans, Plaintiff O'DONNELL resides in what would be, under SB 1, Assembly District 25 and Senate District 15. PlaintiffALLISON MacKENZIE, LTD. 402 North Division Street, P.O, Box 646, Carson City, NV 89702 Fax: (775) 882-7918, Telephone: (775) 687-021 E-Mail Address: [email protected] O'DONNELL has consistently voted for Republican candidates for Nevada Legislative Districts and plans to vote in 2022. Plaintiff O7DONNELL is the Secretary and a board member of the Somersett Owners Association, a domestic non-profit corporation, representing the homeowners of the Somersett development in Reno, Washoe County, Nevada. SB 1 splits the Somersett development and homeowners and the Somersett community of interest so portions of the development and homeowners are now in Assembly District 32 and Senate District 14 which span from westem Nevada all the way to Elko, Nevada located in the easter portion of Nevada, and portions of the development and homeowners are now in Assembly District 25 and Senate District 15 which are entirely located in Washoe County, Nevada. 17. By passage of SB 1 Plaintiffs have been and will continue to be denied equal protection of the laws and fair representation in the Nevada Legislature as further alleged below. 18, The Individual Plaintiffs, as taxpayers, citizens, residents, electors, registered and qualified voters, are appropriate parties to litigate this action and are capable of fully advocating their positions in Court. Plaintiff ELKO COUNTY, having been provided with the appropriate authority to address matters of local concer for the effective operation of county government and its other powers alleged above, is the appropriate party to litigate this action and its claims of unequal protection and discrimination and is capable of fully advocating its position in Court. Plaintiffs may have no other means of redress to raise the constitutional challenges to SB 1, said constitutional challenges may not be otherwise raised without Plaintiffs’ claims for relief set forth in this First Amended Complaint, and said Plaintiffs can assist the Court in developing and reviewing all relevant legal and factual questions. 19. Defendant, Stephen Sisolak, is the Governor of the State of Nevada and in that role, is the State’s chief law enforcement officer. The Nevada Constitution provides the Governor is responsible for the execution of laws and that “He shall see that the laws are faithfully executed.” Nev. Const. Art. 5, § 7. Defendant Sisolak is responsible for enforcing SB 1. Defendant Sisolak is sued in his official capacity. 20. Defendant, Aaron Ford, is the Attomey General of the State of Nevada and in that role, is also responsible for enforcing SB 1. Defendant Ford is sued in his official capacity. Because thisALLISON MacKENZIE, LTD. ion Street, P.O. Box 646, Carson City, NV 89702 402, North Di ‘Telephone: (775) 687-0202 Fax: (775) 882-7918, -Mail Address: [email protected] action challenges the constitutionality of SB 1, NRS 33.130 provides Defendant Ford is to be served with a copy of this First Amended Complaint and shall be entitled to be heard in this action. 21. Defendant, Barbara Cegavske is the Secretary of State for the State of Nevada. In her official capacity, the Secretary of State is the chief elections officer for the State of Nevada and is charged with administering and enforcing Nevada election laws. The Secretary's duties include prescribing the list of all statewide offices and candidates on the ballots, accepting declarations and certificates of candidacy from candidates for certain public offices, issuing regulations and interpretations conceming Nevada election laws, receiving and canvassing election returns, and other duties necessary for the conduct of primary and general elections in the State of Nevada. JURISDICTION AND VENUE 22. This Court has jurisdiction pursuant to Article 6, Section 6 of the Nevada Constitution and has authority to grant declaratory and injunctive relief pursuant to NRS 30,030 et seq. and NRS- 33.010, respectively. 23. This action involves an issue of significant public and statewide importance as it seeks to uphold and protect the constitutional requirements for redistricting. As provided in Article 1, Section 2 of the Nevada Constitution, political power is inherent in the people. Government only has power from the consent of the governed. 24. Venue in the First Judicial District Court in Carson City, Nevada is proper pursuant to NRS 13.020(2) and NRS 13.040, as the cause of action arose in Carson City, the offices of the Govemor and Attomey General are located in Carson City, the Governor and Attorney General exercise their duties in Carson City, the Elections Division of the Office of the Secretary of State is located, and the Secretary exercises her duties as chief elections officer in Carson City, and certain Legislative Districts will go into effect, under SB 1, in contravention of the Nevada and United States Constitutions. GENERAL ALLEGATIONS 25. This is an action to challenge the constitutionality of SB 1 as well as the constitutionality of the manner in which said bill was passed into law.ALLISON MacKENZIE, LTD. 402. North Division Street, P.O. Box 646, Carson City, NV 89702 ‘Telephone: (775) 687-0202 Fax: (775) 882-7918, - Mail Address: [email protected] aan eon 10 u 12 13 14 15 16 7 18 19 20 2 22 23 24 25 26 27 28 26. The joint legislative rules adopted for the 33% Special Session of the Nevada Legislature provided for “equality of representation” based upon certain population criteria for state legislative districts and that the district boundaries created by a redistricting plan must follow the census geography. These were the only redistricting requirements contained in the joint legislative rules adopted for the 33 Special Session of the Nevada Legislature. The joint legislative rules also provided the redistricting committees shall seek and encourage: (a) public participation in all aspects of the reapportionment and redistricting activities; and (b) the widest range of public input into the deliberations relating to those activities. 27. At the redistricting committee hearing held on November 13, 2021 during the 33% Special Session of the Nevada Legislature, the SB I proponents could not answer questions about the Legislative Districts proposed therein, could not explain why the maps were drawn the way they were or provide a rational basis for the maps. Nor could the non-partisan staff of the Legislative Counsel Bureau (“LCB”) answer any questions about the basis or manner in which the districts had been drawn because the LCB did not create the districts contained in SB 1 for the SB 1 proponents, The redistricting committees and/or the Legislature subsequently made certain changes to the original proposed SB 1 districts at the request of certain communities of interest and political subdivisions (municipalities, townships, cities, counties) for the benefit of voters, but ignored and did not consider the requests of other political subdivisions (municipalities, townships, cities, counties) or communities of interest for changes to the SB 1 districts for the benefit of voters. 28, During the 33" Special Session of the Nevada Legislature, members of the redistricting committees and the Legislature had at times less than 24 hours to consider the redistricting proposals for which they voted. The process was criticized for leaving legislators and the public with little time to consider the redistricting maps and in the dark as to the data and process that led to the maps? drawing, 29. The totality of the circumstances established that the enacted Legislative Districts through the redistricting plan approved in SB 1 has the effect of denying voters an equal opportunity to participate in the political process of electing candidates of their choice in violation of federal and state law.ALLISON MacKENZIE, LTD. jon Street, P.O. Box 646, Carson City, NV 89702 ‘Telephone: (775) 687-0202 Fax: (775) 882-7918 E-Mail Address: [email protected] 30. SB 1 was signed into law by Governor Sisolak on November 16, 2021, stating “These ‘maps reflect Nevada’s diversity and reflect public feedback gathered throughout the legislative process.” 31. PlaintiffS are informed and believe and on that basis allege the maps in SB 1 were included in the bill for illustrative purposes only, were not legally binding in and of themselves, the Legislative District maps were being updated from November 16, 2021 until the Legislative District ‘maps were finalized by the LCB on or about January 7, 2022. Plaintiffs are informed and believe and on that basis allege the larger, poster size, individual District maps and the 2021 Nevada Redistricting: Overview Maps and Statistical Tables publication produced by the LCB Research Division were not available until the week of January 10, 2022. Plaintiffs are still reviewing the Legislative District ‘maps finalized on or about January 7, 2022 and may have additional allegations based upon their further review of the final Legislative District maps. True and correct copies of the 2011 LCB Maps and 2021 LCB Maps for Assembly Districts 25, 32, 33 and 36 and Senate Districts 14, 15 and 19 are attached hereto as Exhibit “1” and Ext “2” respectively. Plaintiff can provide the Court with copies of all 2011 and 2021 Legislative District Maps for the State of Nevada if the Court so requests. 32, The Nevada and federal Constitutions guarantee the opportunity for equal participation by all voters in the election of legislators. 33. SB 1 appears to be an intentional extreme partisan gerrymander that unconstitutionally dilutes votes and prevents voters from electing candidates of their choice. 34, SB 1 deprives citizens and voters such as the Individual Plaintiffs and all others similarly situated of the right to participate equally in the political process, to join with others to advance political beliefs, and to choose their political representatives. 35. Without any compelling reason or purpose, SB 1 divides Nye County into three different Assembly Districts and divides the town of Pahrump into two Assembly Districts. 36. Pahrump is a small Nye County rural community and the entirety of Nye County is rural, 37. More than half of Pahrump is being moved into Assembly District 36 with an urban area of metropolitan Las Vegas and Clark County, which has the effect of lumping rural Nye CountyALLISON MacKENZIE, LTD. 402 North Division Street, P.O. Box 646, Carson City, NV 89702 1] voters and metropolitan Clark County voters in one district despite sharing little to anything in 2]] common. 3 38. The rural and urban voters of the new Assembly District 36 have entirely different 4 | types of local government, schoo! districts and are contained in separate valleys with separate policy 5 || interests, issues and concerns. 39. SB 1 splits the Pahrump community where residents live, work, raise their families, gather, shop, attend school and worship together; dilutes their representation; diminishes their ability to be engaged in their government; and creates additional burdens on local elected officials. This split appears to be aimed at ensuring Pahrump voters do not have sufficient voting power to join together and elect a candidate of their choice. 40. An Assemblyperson from the new Assembly District 33 elected from Elko County or an Assemblyperson in the new Assembly District 36 elected from Clark County will have little understanding of Pahrump’s and Nye County’s unique and local problems and issues and as such will bbe unable to adequately represent the needs and interests of Pahrump’s and Nye County's rural voters. 15 41, SB 1 unconstitutionally packs and cracks voters in Nye County and Pahrump and also 16 || other districts in the State of Nevada. 7 42. In addition to federal requirements of one person, one vote, and those contained in the -Mail Address: law@ 18 || Voting Rights Act, Article IV, Section 5 of the Nevada Constitution requires that Legislative Districts Telephone: (775) 687-0202 Fax: (775) 882-7918 19 respect county boundaries. The Legislative Districts created by SB 1 fail to comply with these 20] requirements. 2 43. ‘Under Art. 4, Sec. 21, “In all cases enumerated in the preceding section, and in all other 22] cases where a general law can be made applicable, all laws shall be general and of uniform operation. 23} throughout the State.” SB 1 violates Art. 4, Sec. 21 of the Nevada Constitution and is therefore, 24) unconstitutional. 25 44, SB 1 changes the boundaries of the Assembly Districts and Senate Districts. The new 26 | districts divide Elko County into two separate Assembly and Senate Districts. 10ALLISON MacKENZIE, LTD. 402 North Division Street, P.O. Box 646, Carson City, NV 89702 ‘Telephone: (775) 687-0202 Fax: (775) 882-7018 -Mail Address: [email protected] ce raawe 10 ul 12 B 14 16 7 18 19 20 21 22 23 24 25 26 27 28 45. Assembly District 32 and Senate District 14 span from Elko County to Washoe County. The boundaries of this district include all of Humboldt, Pershing and Lander Counties. Also, the districts include parts of Eureka, Elko and Washoe Counties. 46. Assembly District 33 spans from Elko County to the boarder of Clark County. The boundaries include all of White Pine and Lincoln Counties. Also, the District includes most of Eureka, Elko, and part of Nye Counties. 47. Senate District 19 spans from Elko County to Clark County. The boundaries include all of White Pine and Lincoln County. Also, the District includes a portion of Elko, Eureka, Nye and Clark Counties. 48. Elko County is divided into two districts that when combined cover an area from Washoe County to Clark County. This causes citizens in the same County and community of interest to vote in two distinct demographics of the State. Assembly District 33 and Senate District 19 will vote in a district that includes most of Eastern Nevada and part of Southern Nevada. Elko County citizens in Assembly District 32 and Senate District 14 vote in a demographic that covers North and ‘Northwestern Nevada. 49, SB 1 preserves for the majority of Counties the communities of interest by either incorporating the entire County into a single district or by making the district small and within a single demographic region. 50, However, SB 1 in a minority of Counties does not preserve communities of interest within a County, including Elko County, Nye County and Washoe County, SB 1 divides these Counties into two or more districts with very distinct demographics and communities of interest. SL Because SB | preserves communities of interest for some Counties and because SB1 does not preserve communities of interest in other Counties, including Elko County, Nye County and ‘Washoe County, SBI is not uniformly applied throughout the State and violates Art. 4, Sec 21 of the Nevada Constitution causing harm to Elko County and the Individual Plaintiffs. 52, SB 1 splits Elko County voting Precinct 28 designated Jacks Creek so that some voters in Jacks Creek Precinct 28 are in Assembly District 32 and Senate District 14 and some voters in Jacks Creek Precinct 28 are in Assembly District 33 and Senate District 19. iALLISON MacKENZIE, LTD. 402 North Division Street, P.O, Box 646, Carson City, NV 89702 1: (775) 687-0202. Fax: (775) 882-7918 Address: [email protected] ul 12 13 14 15 16 7 18. 19 20 2 2 24 25 26 27 28 53. SB 1 splits communities of interest for mine workers who live in Assembly District 33 in Elko County but work in Lander and Eureka County in Assembly District 32. Elko County serves as the health board for Lander County and Eureka County (which is also split). Elko County provides the Child Advocacy Center in Elko County used by Eureka County. Elko County, Lander County and Eureka County share a library system. These local health, child advocacy services and library system communities of interest are now split by the Legislative Districts created by SB 1 54, Elko County is a small county and rural community, and Elko County is entirely rural. 55. A portion of Elko County is being moved into Assembly District 32 with an urban area of metropolitan Reno and Washoe County, which has the effect of lumping rural Elko County voters and metropolitan Washoe County voters in one district despite sharing little to anything in common and being miles apart across the State of Nevada, 56. A portion of Elko County is being moved into Senate District 14 which includes an urban area of metropolitan Reno and Washoe County, which has the effect of lumping rural Elko County voters and metropolitan Washoe County voters in one district despite sharing little to anything in common and being miles apart across the State of Nevada. 57. The rural and urban voters of the new Assembly District 32 and new Senate Districts 14 and 19 have entirely different types of local government, school districts and are contained in separate valleys with separate policy issues and concerns. 58. SB 1 splits the Elko County community where residents live, work, raise their families, gather, shop, attend school and worship together; dilutes their representation; diminishes their ability to be engaged in their government; and creates additional burdens on local elected officials. This split appears to be aimed at ensuring Elko County voters do not have sufficient voting power to join together and elect a candidate of their choice. 59, An Assemblyperson in the new Assembly District 32 elected from Washoe County will have little understanding of Elko County’s unique and local problems and issues and as such will be unable to adequately represent the needs and interests of Elko County’s rural voters. Likewise, an Assemblyperson from new Assembly District 32 in Elko County will have little understanding of 12ALLISON MacKENZIE, LTD. 402 North Division Street, P.O. Box 646, Carson City, NV 89702, ‘Telephone: (775) 687-0202 Fax: (775) 882-7018, E-Mail Address: [email protected] wR ww Bc waa W 13 14 15 16 17 18 19 20 a 22 2B 24 25 26 27 28 ‘Washoe County’s unique and local urban problems and issues and as such will be unable to adequately represent the needs and interest of urban Washoe County. 60. A Senator representing Washoe County or Clark County will have little understanding of Elko County’s unique and local problems and issues and as such will be unable to adequately represent the needs and interests of Elko County's rural voters. Likewise, a Senator from Elko County will have little understanding of Washoe County’s and Clark County's unique and local problems and issues and as such will most likely be unable to adequately represent the needs and interests of urban voters in Washoe County and Clark County. 61. SB 1 unconstitutionally packs and cracks voters in Elko County and Washoe County and Elko County and Clark County and also other districts in the State of Nevada. 62. SB 1 violates compactness requirements by creating an oddly, horseshoe shaped district of the western portion of Washoe County and part of the North Valleys. This horseshoe carves the west side of the political subdivision of the City of Reno and communities of interest, namely Somersett, and Cold Springs, out of Assembly District 25 and Senate District 15 and places them in the rural Assembly District 32 or another Assembly District and/or Senate District 14 that stretches all the way to Elko, Somerset is a large development with thousands of homeowners, These citizens share open spaces, work-out centers and their children go to the same schools. 63. Cold Springs is part of the North Valleys. The North Valleys residents share schools, parks, stores and neighborhood pride. These communities were severed from Assembly District 25 and Senate District 15. 64. SB 1 divides the University of Nevada Reno — students who live in the “West University” area are separated from the thousands who live south and east of the University split between Senate District 13 and Senate District 15. 65. Assembly District 25 and Senate District 15 are reflective of broader Washoe County where registration between the Republicans and Democrats is almost equal with a growing number of Independent, Nonpartisans and Other voters. Both Washoe County and Senate District 15 have approximately Ys Democrat, % Republican and %4 Independent, Nonpartisan and Other registered voters based upon the October 2021 Nevada Secretary of State records: Washoe County: 32.7% 13ALLISON MacKENZIE, LTD. 402 North Division Street, P.O, Box 646, Carson City, NV 89702 17-0202 Fax: (775) 882-7918 E-Mail Address: [email protected] Telephone: (775) See aauanon ul 12 13 14 15 16 7 18 19 20 a 2 23 24 25 26 27 28 Democrat, 32.7% Republican and 34.7% Nonpartisan and Other (25.9% Nonpartisan and 8.8% Other) and Senate District 15: 34.0% Democrat, 32.7% Republican and 33.3% Nonpartisan and Other (24.7% Nonpartisan and 8.6 Other). 2/3rds of registered voters in Washoe County are not Democrats. Again, a super majority of Washoe County voters are not registered Democrats though the SB 1 maps are Grawn to ensure both senate districts wholly in Washoe County, Senate District 13 and Senate District 15, are super majority Democrat districts. 66. Under $B 1, voters in Washoe County ~a county with near equal Democrat/Republican registration and rising numbers of Independent, Nonpartisan and Other voters, will be disenfranchised because its only two senate seats, wholly in the county, will have artificial Democratic super majorities. ‘The Legislative Districts in $B 1 were created with the clear intent to secure artificial super majorities in both legislative houses for the next decade and to draw lines to predetermine the outcome of future elections. The Legislative Districts created by SB 1 deny the rights of Independent, Nonpartisan, Republican and Other voters to participate equally in the political process, to join with others to advance political beliefs, and to choose their political representatives. 67. In 2011, this Court issued additional criteria for the special masters appointed to draw the Legislative Districts, ordering them to consider population, contiguity, political subdivisions (municipalities, townships, cities, counties), communities of interest, compactness, and, to the extent practical, contests between incumbents. SB I fails to comply with these and other redistricting principles and requirements, such as preserving the core of a prior district, resulting in unconstitutional Legislative Districts. There is no compelling justification nor legitimate purposes or reasons that justify the Legislative Districts in SB 1. 68. In adopting SB 1, the Legislature failed to consider increasing the number of Legislative Districts in Nevada to respect county boundaries, political subdivisions and voting precincts, or altemate maps and Legislative District boundaries to maintain compactness, respect county boundaries and to retain communities of interest. True and correct copies of Assembly District 32 and Assembly District 36 2021 Maps showing certain Elko County and Nye County precincts are attached hereto as Exhibit “3” 4ALLISON MacKENZIE, LTD. 402 North Division Street, P.O. Box 646, Carson City, NV 89702 ‘Telephone: (775) 687-0202 Fax: (775) 882-7918 \ddress: law @allisonmackenzie.com = fs ee) 10 u 12 13 14 15 16 17 18 19 20 2 22 B 24 25 26 2 28 69. Plaintiffs are informed and believe and on that basis allege as shown and alleged herein and in statistical metrics analyzing redistricting maps, the Legislative District maps approved in SB 1 tend to be less compact than more compact (overall most Legislative Districts (for example 35 out of 42 Assembly Districts) have a compactness score closer to 0 than to 1, where 0 is not compact and 1 is optimally compact), unnecessarily split counties, towns and other political subdivisions and communities of interest, show high locality splitting in Legislative Districts (split pair metric is 0.857 for Assembly Districts and 0.802 for Senate Districts; the metric ranges from 0 to 1 and the closer to 0, the better), and are excessively partisan (Democrats are outperforming (unfairly winning additional seats) by 14.3% in the Assembly Districts and Democrats are outperforming (unfairly winning additional seats) by 11.9% in Senate Districts), biased and are not competitive for the majority of Legislative Districts. 70. $B 1 is unconstitutional and therefore unenforceable. Plaintiffs request a declaration by this Court that SB 1 is unconstitutional and Defendants be enjoined from enforcing its provisions. 71. Plaintiffs’ rights, status, or other legal relations are affected by SB 1 and, by the claims asserted herein, Plaintiffs seek declarations of their rights, status, or other relations. Declaratory relief pursuant to NRS Chapter 30 is appropriate because it will effectively adjudicate the rights, status or other legal relations of the parties. 72. Plaintiffs and Defendants have adverse interests, and an actual justiciable controversy exists between them within the jurisdiction of this Court conceming the constitutionality, legality, and enforceability of SB 1. 73. The Individual Plaintiffs have a legally protectable interest in this controversy as registered voters and citizens of Pahrump, Nye County, Elko, Lamoille, Wells, Tuscarora, Elko County, Reno and Washoe County and the State of Nevada, 74. SB 1 splits political subdivisions ~ dividing counties and towns. County political subdivisions are the basis for Nevada’s elections, courts, school districts, taxes, infrastructure and more. SB 1 externally divides sparsely populated counties diluting their voting power. Voters are entitled to have representation in the Legislature that represents a County’s interests. 15ALLISON MacKENZIE, LTD. 402 North Division Street, P.O. Box 646, Carson City, NV 89702 ‘Telephone: (775) 687-0202 Fax: (775) 882-7918 E-Mail Address: [email protected] 75, SB 1 also breaks up communities of interest by splitting homeowners’ associations and general improvement districts that have independent governing boards, dues, and enforcement authority but will have to advocate for representation on complex state policy between different Senate and Assembly Districts. 76. SB 1 fails to preserve the cores of prior districts or to maintain districts as previously drawn, to the extent possible, for continuity of representation for voters. 77. SB .1’s Legislative Districts do not include competitive districts. The 2/3rds of voters who are not registered Democrats, will have no voice if districts are politically engineered to create many artificial super majority Democrat districts. 78. SB 1 did not create fair districts to represent voters in a just and fair manner. 79. SB 1 increases the Democratic registration advantage in 3 Senate seats and 6 Assembly seats. The most dramatic shifts can be found in Senate District 15 and Assembly District 25. These Legislative Districts will no longer be a Republican representative seat as they have been for decades but a seat with a 6.5% democrat advantage in Senate District 15 and a 2.7% advantage in Assembly District 25 (a 9% swing in a district that showed only a 1% deviation from the ideal population size). 80. The controversy before this Court is ripe for judicial determination because SB 1 was passed into law by the Legislature and signed by the Govemor on November 16, 2021. 1 controversy is also ripe for judicial determination because LCB finalized the redistricting maps and posted them online on or about January 7, 2022. 81. For each claim asserted herein, Plaintiffs have been required to engage the services of counsel to pursue their rights and as a proximate and necessary result of the State’s illegal and "unconstitutional conduct complained of herein, Plaintiffs are entitled to reasonable attorneys’ fees and costs as special and foreseeable damages, or in the alternative, as costs of suit. In addition, Plaintiffs are entitled to attomeys’ fees and costs under common law theories of the substantial benefit doctrine and the private attomey general doctrine. 82. If declaratory and/or injunctive relief are granted in Plaintiffs’ favor, NRS 30.100 allows for such further relief as is necessary and proper. Monetary damages are demanded as supplemental relief in addition to declaratory and injunctive relief demanded herein and because 16