(Chuck Muth) – There’s an old saying that it’s not paranoia if they’re really out to get you. And then there’s “Hanlon’s Razor,” which says you shouldn’t attribute to malice that which is adequately explained by incompetence.
Both came to mind when I received an email from the Nevada Secretary of State’s office yesterday afternoon. As J’Biden would say, here’s the deal…
As we were learning how to use some new software and data last April for our Pigpen Project to clean up Nevada’s dirty voter rolls, we came across a voter who was listed by post office records as having moved permanently from Pahrump, Nevada, to Dallas, Texas.
What “red flagged” us is that official records showed he had voted in the 2022 general election in Texas, as well as by mail in the 2022 Nevada general election. Now, there are two possible reasons for this.
1.) The voter illegally voted in two elections, or…
2.) Someone obtained the voter’s mail-in ballot in Nevada and voted it illegally in the name of the voter who had moved without the voter’s knowledge.
Not wanting to falsely accuse the voter of committing voting fraud without knowing if someone else had committed it in his name, I filed an Election Integrity Violation Report with the Secretary of State’s office on March 31, 2024.
After all, it’s THEIR job to keep our elections clean and fair, right?
Well, weeks went by and no response. So I followed up and asked for a status report. I was then advised that they don’t give status reports on ongoing investigations. So I waited.
On June 6, 2024, I received an email from Darrell K. Harris, Investigator: Elections, for the Secretary of State’s office…
“The SOS is aware of this matter and is taking appropriate steps to address this matter. … As a result, your file will be closed.”
I replied and asked what the result of the investigation was. Crickets.
I followed up again on the phone with the Deputy Secretary of State. No response.
I even asked the Secretary of State himself, Cisco Aguilar, IN PERSON, about the case at a meeting we both attended in August. He just blew me off.
Tired of being stonewalled – and finding dozens of new, similarly suspicious voting in the November general election – I filed an official public records request with the SOS on November 24, 2024, inquiring about the case.
Now, here’s what you need to know about Nevada’s public records law, in layman’s terms…
When someone asks to see or get a copy of a public record, the government agency in charge has five business days to respond in one of the following ways:
- Send them a copy if that's what they requested.
- If the agency doesn't have the record, they must let the person know, in writing, and give the name and address of the agency that does have the record.
- If the agency can’t provide the record within five days, they must:
-
- Inform the person in writing about the delay
- Give an estimated date and time when the record will be available
- If there's another delay, explain why and give a new estimated date
- If the record is confidential and can’t be shared, the agency must inform the person in writing and cite the specific law or rule that makes the record confidential
Lastly, if the record is readily available the agency should provide a copy as quickly as possible without unnecessary delays.
Still with me?
OK, on December 5, 2024 – more than five business days after I submitted my official request – I received an unsigned email from the Secretary of State’s office simply advising…
“The Secretary of State’s Office requires additional time to review potentially responsive records and expects to produce any by January 10th, 2025.”
Well, yesterday was January 10, 2025. And late in the afternoon I received a follow-up unsigned email simply advising…
“The Secretary of State’s Office is still in the process of reviewing potentially responsive records and expects to deliver any records by March 14th, 2025.”
This is absurd.
I didn’t request thousands of records. Or even hundreds. Or even dozens. I asked for ONE record. And did so AFTER the November election, so they don’t have that as an excuse.
So why is Secretary Aguilar stonewalling me? And why isn’t he complying with the law by explaining the REASON for the delay? Is he covering something up? Or is the SOS office simply incompetent in responding to such a simple request?
Or maybe he’s waiting to be told what to do by Nevada Attorney General Aaron Ford’s office and Ford is dragging his feet. But if that’s the case, the law says Aguilar is supposed to tell us that.
But he hasn’t.
Now, according to a separate section of the public records law, if someone is denied access to a public record or experiences unreasonable delays – like in this case – we can take the issue to the district court and ask a judge to order the SOS to give us a copy.
This law ensures that we, the people, have a way to enforce our right to access public records when getting stonewalled by government bureaucrats. But we shouldn’t have to do that. It’s expensive, time-consuming, and complicated.
Alas, Secretary Aguilar is forcing us to consider going down that road. Which, unfortunately, has been par for the course when it comes to his management of our state’s dirty voter rolls.
But why? What is he trying to hide? Something nefarious…or simple bureaucratic incompetence? Inquiring minds wanna know.
I’ll keep you posted.
FAMOUS LAST WORDS
“It is our commitment to the law and to the people of this state that every (Election Integrity Violation) report is carefully reviewed so that if there is even a single case of potential fraud identified, we conduct an investigation and, if necessary, refer it for criminal prosecution.” – Nevada Secretary of State Cisco Aguilar, Reno Gazette-Journal, 8/8/23
“The Secretary of State’s latest quarterly report on election violation reports and investigations (was) released Friday. The report shows 762 Election Integrity Violation Reports were filed where someone thinks Nevada election law has been violated. Of those, 243 cases remain open, 515 were closed with no charges and four were closed with a violation indicated.” – Mark Robison, Reno Gazette-Journal, 12/20/24
The Pigpen Project is a project of Citizen Outreach Foundation, an IRS-approved 501(c)(3) grassroots organization founded in 1992. Donations are tax-deductible for federal income tax purposes.