Law v. Whitmer

Closed

Plaintiffs, six Nevada electors for Donald Trump filed suit against six Nevada electors for Joe Biden, claiming that the election was so poorly executed that abuse and error led to an untenable result. The remedy they seek is to have Donald Trump declared the winner of Nevada’s 6 electoral votes. In a Clark County Commission November 16 meeting, Registrar Joe Gloria said he and his staff “discovered discrepancies that we cannot explain” and that cannot be remedied by a recount.

Specifically, Plaintiffs reference a newly passed State Legislature bill (AB4) that required unsolicited ballots to be sent to all registered voters. With voters getting multiple ballots, Nevada received 8.5 times more mail ballots than before (671,899 in 2020 vs 78,572 in 2016). In Clark County (Las Vegas), the increase was 10-fold (453,248 in 2020 vs. 44,387 in 2016). Given the unprecedented number of mail-in ballots, the state was ill-prepared to effectively verify signatures.

Clark County unilaterally decided to use the Agilis Ballot Sorting System (Agilis) instead of election personnel to verify signatures, even though the accuracy of Agilis has not been supported by scientific literature. Agilis had been contested in pre-election lawsuits but Nevada election officials opposed those lawsuits and did not implement additional safeguards. Agilis rejected about 70% of mail-in ballots, and upon human inspection, the rejection rate was only 1% – a highly unlikely outcome. Clark County “verified” 130,000 mail-in ballots with Agilis.

Beyond the mail-in ballots issues, Plaintiffs report issues with in-person voting as vote tabulations are stored on removable USB drives. During early in-person voting, the USB drives were removed daily to track vote counts, but on multiple days pre-printed log sheets did not match vote counts that were given to the election department the night before. “In other words, votes appear to have been added to or deleted from these drives overnight during the early voting period.”

Additionally, on Election Day, the voting machines functioned erratically and provisional ballots were mishandled. Voter lines were so long that the Trump Campaign sued on November 3 to keep the polls open to ensure all legal ballots could be cast.

Plaintiffs claim that, during the election, groups in Nevada conducted “voting drives” on social media to reach the Native American population and “incentivize” them to vote.

Plaintiffs intend to prove that there will be a reduction of 40,000 votes for Joe Biden and his electors, enough to change the outcome. On November 25, allowed further evidence to be presented at a hearing on December 3 and will allow 15 depositions.

On December 4, the trial court dismissed this complaint after witness testimony.  The court disparaged each of the Plaintiffs’ witnesses and embraced each of the Defendants’ witness depositions, without hearing any in-court testimony.  Of note, the court used the exact same phrase three of the four defense witnesses, “This testimony is credible because of (witness name)’s experience, lack of bias, and first-hand knowledge of the subjects he testified to.”

Case Details

State

Filing Date

11/17/2020

Original Court

First Nevada Judicial District

Documents