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1 Challenges to the 2020 Vote Count in Nevada 1 (2020)

handle is hein.congcourts/fjchall0001 and id is 1 raw text is: CASE STUDIES IN EMERGENCY ELECTION LITIGATION Challenges to the 2020 Vote Count in Nevada Stokke v. Cegavske (Andrew P. Gordon, D. Nev. 2:20-cv-2046) While the 2020 general election vote was being counted in Nevada, a federal complaint alleged that a county's use of signature- matching software for absentee ballots was improper and that me- dia access to vote counting was inadequate. The district judge de- nied the plaintiffs relief. Subject: Voting procedures. Topics: Signature matching; voting technology; absentee ballots; early voting; news media; intervention; equal protection; matters for state courts; COVID-19; recusal; case assignment. Two days after the November 3, 2020, general election, two candidate com- mittees, a voter, and a member of the media filed a federal complaint against the secretary of state for Nevada and the registrar of voters for Clark County, the county that includes Las Vegas.1 The complaint alleged that Clark Coun- ty was using improper signature-matching software to verify absentee bal- lots, and the county denied the member of the media an adequate opportuni- ty to view the counting of ballots.2 The complaint alleged that the voter re- turned an absentee ballot by mail without a signature and was wrongfully prevented from voting in person on election day.3 With their complaint, the plaintiffs filed a motion for a temporary restraining order and a preliminary injunction4 and a motion for expedited hearing and briefing.5 The court initially assigned the case to Judge Gloria M. Navarro, but she recused herself and the court reassigned the case to Judge Andrew P. Gor- don,6 who set the case-which was filed during a time of social distancing made necessary by a global COVID-19 infectious pandemic-for a hearing by videoconference on November 6.' A docket entry provided the public with contact information for the hearing and an admonishment not to broadcast or record it.' At the hearing, Judge Gordon granted a motion to intervene by a political party, which argued in its motion that the federal suit followed a similar and unsuccessful suit in state court.9 Judge Gordon denied the plaintiffs immedi- 1. Complaint, Stokke v. Cegavske, No. 2:20-cv-2046 (D. Nev. Nov. 5, 2020), D.E. 1; see Rory Appleton, GOP Campaigns, Voter File Lawsuit Alleging Improper Votes in Nevada, Las Vegas Rev.-J., Nov. 6, 2020, at Al. 2. Complaint, supra note 1. 3. Id. at 3. 4. Motion, Stokke, No. 2:20-cv-2046 (D. Nev. Nov. 5, 2020), D.E. 3. 5. Motion, id. (Nov. 5, 2020), D.E. 4. 6. Docket Sheet, id. (Nov. 5, 2020) (D.E. 2, 5) 7. Order, id. (Nov. 6, 2020), D.E. 11; see Docket Sheet, supra note 6 (minutes, D.E. 27). 8. Docket Sheet, supra note 6 (D.E. 20). 9. Id. (minutes, D.E. 27); Intervention Motion, Stokke, No. 2:20-cv-2046 (D. Nev. Nov. 6, 2020), D.E. 10. Federal Judicial Center 11/30/2020 1

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