(November 8, 2022) A judge has denied a request from a lawsuit filed by incumbent Senator Catherine Cortez Masto on Election Night in a push to keep Clark County polling stations open due to printing issues experienced around the time polls would close.
Incumbent Senator and candidate for reelection Catherine Cortez Masto have filed an emergency complaint on election night 2022 against Clark County and the Clark County Election Department to compel their compliance with NRS 293.273 and extend voting hours today at specific polling places where voters were unable to vote during standard polling hours due to election administration issues that were beyond the voters’ control.
The senator alleges that during November 8, 2022, multiple polling locations in Clark County experienced delays and long lines due to polling location running out of printer paper in the ballot printers.
On information and belief, she filed that the following polling locations ran out of printer paper:
- Boulevard Mall: 9 out of 25 printers inoperative, with a one-hour wait time
- Deer Springs Town Center: 12 out of 25 printers inoperative, with a one-hour wait tim
- Nellis: 3 out of 25 printers inoperative, more than a one-hour wait time
- Aliente: 5 printers inoperative, with a 30-minute wait time
- Keller: 2 out of 16 printers inoperative, with a 50-minute wait time
- Silverado Ranch Plaza: 6 out of 30 printers inoperative, with a 45-minute wait time
- Walnut Community Center: 2 out of 10 printers inoperative, with a 25-minute wait time
- Whitney Recreation Center: 4 out of 14 printers inoperative
On information and belief, when ballot printers run out of paper, the entire unit must be replaced. In some instances, obtaining a replacement has taken up to two hours.
During that time, the voting machines associated with the inoperative ballot printers cannot be used.
On information and belief, some polling locations in Clark County that experienced delays are now operating with a full set of voting machines and printers, while others are still waiting for replacements to arrive.
Nevada law, however, requires that polling places remain open for 12 hours on election day, pursuant to NRS 293.273, which states “the polls must be open at 7 a.m. and close at 7 p.m.”
Nevada law also contemplates that polling place hours can be extended by a court order.
See NRS 293. 464 (“if a court of competent jurisdiction orders a county to extend the deadline for voting beyond the statutory deadline in a particular election”).
The relief requested by Plaintiffs is consistent with relief granted by state courts across the country under similar circumstances and election code provisions.
Two Virginia courts extended voting hours today for technical issues.
A Connecticut court ordered two polling places to remain open for an additional 30 minutes after voting officials failed to have voting lists ready at 6am for voters when the precincts opened.
A New Hampshire court ordered extension of polling hours in a county for an additional hour after a shooting in the area unexpectedly closed polls for an hour.
A Maryland Court extended hours at Montgomery County polling places for an hour due to a glitch that left computerized machines in the county inoperable in the morning. Another Maryland judge extended voting hours by 90 minutes due to an ice storm.
In order to ensure that Nevadans in Clark County have the opportunity to cast their ballot for the full 12 hours guaranteed by law, the senator sought declaratory and injunctive relief and a writ of mandamus tailored to these specific polling places where there were issues that prevented voters from accessing the polls as the statute requires.
