Combined 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:	Notice in Lieu of Remittitur Issued/Case Closed
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.)

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)
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
11/03/2022	Writ	Filed Returned Writ. Original Writ returned. Served on Nye County and County Clerk Mark Kampf on November 1, 2022. (SC)		22-34635
11/15/2022	Remittitur	Issued Notice in Lieu of Remittitur. (SC).		22-35882
11/15/2022	Case Status Update	Notice in Lieu of Remittitur Issued/Case Closed. 9SC).