Voter Challenge Public Records Request
| Submitted | Aug. 7, 2024 |
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Communications
From: Eva Xiao
To Whom It May Concern:
Pursuant to the Nevada Public Records Act, I hereby request the following records:
1) Municipal data for all challenges made by members of the public to other voters’ registrations from November 3, 2020 to the time that the request is processed. Please make sure that the responsive documents include the name of the person who filed the voter challenge as well as the materials they submitted as part of their challenge claim.
2) Correspondence and details related to the processing and, if applicable, the outcome (approval, rejection, etc.) of the voter challenge claim. This is also for the same time period, or November 3, 2020 to the time that the request is processed.
I would like these records in electronic format, sent via email or other digital method.
If there are any questions about my request, I am happy to hop on the phone (914-817-4482) in addition to corresponding via email.
If you determine that any of the information qualifies for an exemption from disclosure, I ask you to note whether the exemption is discretionary, and if so whether it is necessary in this case to exercise your discretion to withhold the information. In any event, please provide a signed notification citing the legal authorities on which you rely if you determine that any of the information is exempt and will not be disclosed.
As a member of the news media working for Financial Times I request that a fee waiver for my request be granted. My work can be viewed at the following link: https://www.ft.com/eva-xiao.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.
Sincerely,
Eva Xiao
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Nevada Public Records Act request, copied below, and originally submitted on Aug. 8, 2024. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Carson City Public Records
Good afternoon,
Carson City is in receipt of your public records request seeking public records related to voter challenges as detailed in your email below. Carson City needs additional time to complete this request and will respond with any available records by Monday August 26, 2024 by 5pm.
Thank you,
Ben Johnson
Benjamin R. Johnson
Senior Deputy District Attorney
Carson City District Attorney's Office
885 E. Musser Street, Suite 2030
Carson City, NV 89701
(775) 887-2070
Fax: 887-2129
bjohnson@carson.org<mailto:bjohnson@carson.org>
[DA color logo low res]
This message, together with any attachment(s), is intended only for the addressee(s) and may contain information that is privileged and confidential. If the reader of the message is not the intended recipient or an authorized representative of the intended recipient, I did not intend to waive and do not waive any privilege or the confidentiality of the message and any attachment(s), and you are hereby notified that any dissemination of this communication is strictly prohibited. If you receive this communication in error, please notify me immediately by e-mail and delete the message and any attachment(s) from your computer and network. Thank you.
From: Eva Xiao
Hi Ben,
Thanks for confirming the receipt of my request! That sounds good.
Best,
Eva
From: Carson City Public Records
Good morning,
Carson City is still in the process of searching for records that are responsive to this request. Although some have been gathered, it is our preference to send the documents once compiled so as not to send it in pieces.
We will provide the full response by Monday September 30, 2024 by 5pm, but the intent is to provide it sooner if it is available.
Thank you,
Ben Johnson
From: Eva Xiao
Hi Ben,
Thanks for this update! I wanted to flag that the article I am working on (and the reason why I sent the request) will likely have to be filed by the end of September, so even though I realize it's not ideal to fulfill the request in pieces, it would be great to get any documents as soon as possible. But I totally understand if that's not possible or goes against county protocol.
Thanks again for helping me check and fulfill my request,
Eva
From: Carson City Public Records
Good morning,
In response to your public records request, Carson City responds as follows:
On July 29, 2024, Carson City received 56 affidavits of challenge pursuant to NRS 293.535 submitted by Chuck Muth and Citizen Outreach Foundation. On August 28, 2024, Carson City received one additional voter challenge affidavit signed by Mr. Muth.
The information was reviewed but after receiving guidance from the Nevada Secretary of State, the challenges were not processed under NRS 293.595 due to lack of personal knowledge. Therefore, there are no records available to show the processing of the challenges such as mailing to registered voters. Carson City performs regular voter list maintenance during the time periods allowed by the National Voter Registration Act (NVRA).
During the most recent voter list maintenance period, Carson City used undeliverable sample ballots and ballots to do list maintenance pursuant to the NVRA and Nevada Revised Statutes which resulted in 2,607 voters being moved to inactive status.
Carson City has noted the challenges received and will take appropriate action to process the challenges if it is determined that it is legally permissible under the NVRA and NRS.
We are still in the process of searching for any written challenges that were submitted for previous elections going back to November 2020 as requested in your original request and will supplement this response if records are located.
Please let me know if you have any questions.
Ben Johnson
Benjamin R. Johnson
Senior Deputy District Attorney
Carson City District Attorney's Office
885 E. Musser Street, Suite 2030
Carson City, NV 89701
(775) 887-2070
Fax: 887-2129
bjohnson@carson.org<mailto:bjohnson@carson.org>
[DA color logo low res]
This message, together with any attachment(s), is intended only for the addressee(s) and may contain information that is privileged and confidential. If the reader of the message is not the intended recipient or an authorized representative of the intended recipient, I did not intend to waive and do not waive any privilege or the confidentiality of the message and any attachment(s), and you are hereby notified that any dissemination of this communication is strictly prohibited. If you receive this communication in error, please notify me immediately by e-mail and delete the message and any attachment(s) from your computer and network. Thank you.
From: Eva Xiao
Hi Ben,
Thank you so much for sharing these documents while you continue to search for the rest. I really appreciate it.
Also, great to have the context around Carson City's routine list maintenance.
Thank you!
Eva