Update (10/28, 3:19 p.m.):

We have received the following statement from current Nye County Clerk Cori A. Freidhof, regarding the ACLU lawsuit:

"We have worked closely with the ACLU to address the concerns that occurred in a previous election and before I was appointed as the County Clerk.

As the County Clerk, I am dedicated to providing public access to the election process and we have implemented procedures to make sure access is granted.

While I am unaware of the circumstances that gave rise to this litigation, I am following the guidance I have received from legal counsel. I want to assure the public that no decision on who can come into the election facilities as an observer will be based on political affiliation.

I am very pleased that we have been able to accommodate scores of people every day without complaint during these many days of early voting. We will follow the same procedures on election day."

Update (10/28, 2:07 p.m.):

Nye County has settled their lawsuit against ACLU.

The county has agreed not to restrict poll observers based on political affiliation.

According to ACLU, this ensures greater accountability and transparency in Nevada's elections and protects the rights of all Nevadans to observe the voting process.

We've reached out to the Nye County Clerk's office for a statement, but have not yet received a response.

ORIGINAL STORY:

ACLU of Nevada has filed a lawsuit against the Nye County for prohibiting an observer from watching the voting process.

During the 2024 presidential preference primary, a nonpartisan observer — who was also an ACLU of Nevada staff member — was denied access to observe the election process by the Nye County Clerk's Office.

This was because the county had implemented a policy that limits election observation to one observer per political affiliation, even when there is space available.

The suit argues that this violates Nevada law and the Nevada Constitution, which protects individuals' right to observe voting, handling and processing ballots.

The Nevada Constitution protects the right to access to information and of access to observe government activities, ensuring that there is transparency in the democratic process.

ACLU of Nevada says that the case seeks to affirm the rights of Nevadans to uphold election transparency and prevent discrimination in our democracy.

The filing can be viewed in full on the ACLU of Nevada website.