A national law firm speaking for the Republican National Committee and Nevada Republican Party is threatening to sue the Nevada Secretary of State, Carson City and other counties for what it claims are too-high voter registration rates.
Carson City Clerk-Recorder Scott Hoen, who oversees elections in the capital city, said Wednesday he’s confident the city’s voter rolls are accurate.
“We are confident that we are doing what is required to keep our voter roll accurate and up to date daily,” Hoen said by email. “Carson City Elections Office mission is to ensure every vote is cast and counted accurately, securely and efficiently. It all starts with voter registration and the voter roll maintenance we perform every day. Our office uses the guidelines listed in NRS chapter 293 and the National Voter Registration Act to ensure our voter rolls stay as clean as possible and changes in voter status are reflected in a timely manner.
“If any voters have issues with their registration or questions about the process, our doors are always open to answer any questions they have.”
Douglas County Clerk-Treasurer Amy Burgans said she recently received a Nevada State Demographer estimate that there are 54,343 Douglas residents.
“The Census shows that we have 14.9 percent of our population younger than 18,” she said. “Based on the 2023 numbers, that would be a total of 8,151 children in Douglas County younger than 18 (therefore not eligible to vote),” she said on Wednesday. “Douglas County currently has 42,022 active registered voters, which would be 91 percent of our eligible population.”
Burgans pointed out that when people visit the Department of Motor Vehicles to obtain any sort of identification, they are automatically registered to vote.
The Appeal obtained a copy of the Dec. 4 letter addressed to Nevada Secretary of State (SOS) Francisco V. Aguilar. It is signed by Thomas R. McCarthy of Consovoy McCarthy and raises concerns based on comparisons between registered active voters from Nevada’s SOS and 2021 population data from the U.S. Census Bureau.
“Meanwhile, five other counties across the state have voter registration rates of 90 percent or greater: Carson City (92 percent), Churchill (90 percent), Clark (92 percent), Eureka (91 percent), and Washoe (92%). These voter registration rates are abnormally or, in the case of counties with greater than 100 percent registration, impossibly high. This constitutes strong evidence that Nevada’s voter rolls are not being properly maintained,” states the letter.
The letter also threatened litigation.
“This letter provides statutory notice that the Republican National Committee, Nevada Republican Party, and Scott Johnston, acting as political parties and a registered Nevada voter with substantial interests in secure elections, will bring a lawsuit against you and, if appropriate, against the counties named in this letter, if you fail to take specific actions to correct these violations of Section 8 within the 90-day timeframe specified in federal law,” reads the letter.
Section 8 of the National Voter Registration Act of 1993 (NVRA) says states can perform general maintenance of voter lists “not later than 90 days prior to the date of a primary election or general election for federal office,” according to the U.S. Department of Justice.
“We are currently in a 90-day black out period for voter maintenance before the next election,” Hoen said, referring to the Feb. 6 Presidential Preference Primary, “but voters can update their voter registration, and we recommend that they check their party if they want to vote in the February Presidential Preference Primary.”
As of Dec. 1, the Carson City Clerk-Recorder’s Office was reporting 38,902 active registered voters in Carson City: 9,719 registered Democrat, 14,463 registered Republican and 14,720 nonpartisan or other. The number of inactive voters in Carson was 4,854 as of Dec. 1, according to Nevada SOS.
“‘Inactive voter’ status includes any voter for whom a county has received: 1) a returned residency confirmation mailing without a forwarding address within the same county, or 2) information obtained through the United States Postal Service National Change of Address (NCOA) database indicating that a voter has moved outside the county. An inactive voter is eligible to vote so long as they have met all other legal requirements to vote,” according to Nevada SOS.
“We don’t delete voters — we move voters from active to inactive or in the event of their death, we classify them as removed,” Hoen said.
Hoen provided statistics showing an active voter registration rate in Carson lower than that in RNC letter. He pointed to a total population of 58,993, with approximately 12,152 of the population under the age of 18. He said there are 46,841 possible registrations in Carson, and 38,902 active registered voters. That means 83 percent of adults are active registered voters, or 65.9 percent of the total population, he said.
“The Secretary of State is going to respond to the letter by asking all counties to provide them with their data, so the response is clear from one rather than all 17 counties,” Hoen said. “While campaigning, I heard the comments all the time about voter rolls and ballots being received by voters that were not theirs. I took immediate action when in office and made it a priority to focus on doing the required maintenance and follow the rules.”
For information about Carson City elections, https://www.carson.org/government/departments-a-f/clerk-recorder/elections-department.