Nevada SoS Violates Election Laws

Nevada Secretary of State (SoS) Francisco Aguilar’s decision to count ballots before the polls close violates Nevada State Election laws.

Nevada Revised Statute (NRS) 293.363 states that the counting of ballots should commence exclusively after the polls have closed, and the process must be public and continuous until completed.

On Thursday, May 23, an article by AP writer Gabe Stern on the WFTV website reported that Secretary of State Cisco Aguilar announced a new plan allowing Nevada election officials to start tabulating in-person Election Day votes as they arrive, rather than waiting for the polls to close. The stated goal of this change was to expedite the release of election results.

However, beginning the tabulation of in-person votes before the polls close violates NRS 293.363, which explicitly states that the counting should start after the polls have closed and continue without recess until completion.

Moreover, during the 2023 legislative session, the Secretary of State’s office had a regulation approved changing the word “adjourn” to “recess,” allowing the counting board to recess while ballot counting is in process. Nevada Revised Statutes use the word “adjourn,” allowing the taking of a “recess” to appear as legal.

Nevada Revised Statute (NRS) 293.363 mandates, “When the polls are closed, the counting board shall prepare to count the ballots voted. The counting procedure must be public and continue without adjournment until completed.”

On Thursday, May 23, an article by AP writer Gabe Stern on the WFTV website reported that Secretary of State Cisco Aguilar announced a new plan allowing Nevada election officials to start tabulating in-person Election Day votes as they arrive, rather than waiting for the polls to close. The stated goal of this change was to expedite the release of election results.

However, the decision to begin tabulating in-person votes before the polls close violates NRS 293.363. The law states that counting will start after the polls close and are to proceed without recess until completion.

Adding to the controversy, during the 2023 legislative session, the Secretary of State’s office had a regulation approved changing the word “adjourn” to “recess,” allowing the counting board to recess while ballot counting is in process. Nevada Revised Statues use the word “adjourn,” allowing the taking of a “recess” as legal.