Less than 55 days before the election, the National Republican Committee, Nevada Republican Party, Donald J. Trump For President 2024 Inc., and one individual voter sued the Nevada Secretary of State Francisco Aguilar, the Democratic National Committee, and the Nevada State Democratic Party, seeking a court-ordered purge of Nevada’s voter rolls prior to the November 2024 general election and ongoing purges in the future. The relief demanded is unlawful and would disproportionately impact naturalized citizens and wrongly deprive eligible voters of their right to vote close to the election.

In their September 11, 2024 complaint, Plaintiffs rely on debunked and baseless theories of mass voting by noncitizens to falsely claim that thousands of noncitizens in Nevada are registered to vote and have voted in previous elections.

The Democratic National Committee and Nevada State Democratic Party, both Defendants in the case, filed a motion to dismiss on October 3, 2024.

On October 31, 2024, the NAACP Tri-State Conference of Idaho-Nevada-Utah moved to intervene to challenge Plaintiffs’ eleventh-hour attempt to disenfranchise potentially thousands of American citizens from voting in the election, including its naturalized citizen members who are at highest risk of being removed from the registration list. Free Speech For People and Mayer Brown LLP jointly represent the Tri-State NAACP, along with local counsel Woodburn and Wedge.

Key Facts

Caption Dagusen et al., v. Aguilar et al.
Court First Judicial District Court of the State of Nevada in and for Carson City
Docket No.
24-OC-011531B
Status Motion to dismiss pending; awaiting response from Secretary of State
Plaintiffs Zenaida Dagusen, an individual; Republican National Committee; Nevada Republican Party; Donald J. Trump For President 2024 Inc.
Defendants Fracisco Aguilar, in his official capacity as Nevada Secretary of State; Democratic National Committee; Nevada State Democratic Party

 

Background

In this lawsuit, the Republican National Committee, Nevada State Republican Party, Trump’s presidential campaign, and one individual voter challenged the Nevada Secretary of State Francisco Aguilar to restructure Nevada’s voter registration system less than 55 days before the 2024 general election. The Plaintiffs also named the Democratic National Committee and Nevada State Democratic Party as Defendants.

The complaint, filed on September 11, 2024, baselessly alleges that thousands of noncitizens are listed on the official Nevada voter roll and have cast ballots in previous elections. Plaintiffs claim that DMV records do not match the current statewide registration system, but Plaintiffs do not account for the fact that many non-citizens lawfully obtain drivers’ licenses and then become naturalized citizens and voters before their licenses expire. Plaintiffs also cite to outdated reports and unsupported anecdotes of noncitizen registration in other states to support their demand that Secretary Aguilar solicit from state and federal agencies citizenship information and clear out the list before the November election.

On October 31, 2024, the NAACP Tri-State Conference of Idaho-Nevada-Utah moved to intervene to protect its members from Plaintiffs’ eleventh-hour attempt to disenfranchise voters right on the eve of a critical election. The Tri-State NAACP’s members are among the thousands of Nevadans who each year become naturalized citizens, but whose citizenship status is not regularly updated with the DMV.

Nevada law already requires voters to verify their citizenship status. Several mechanisms exist to ensure that only eligible voters cast a ballot, leading Plaintiffs’ complaint void of any pattern establishing noncitizen voting in Nevada. And while the DMV automatically registers to vote applicants who are U.S. citizens, it does not register those who use foreign documents for proof of identity. There is no evidence of widespread noncitizen voter activity in Nevada or anywhere in the United States.

It is unlawful to remove eligible voters from the official voter registration list. Furthermore, systemic mass purging of voter rolls is prohibited within 90 days of an election. The threatened mass purging of naturalized citizens from the voter rolls, or any eligible voter with a constitutionally guaranteed right to vote, creates fear and uncertainty about eligibility and intimidates voters from participating in Nevada elections.

Ahead of the 2024 election, Trump, Vance, and aligned groups have been circulating the myth of a “stolen election” and the lie that noncitizens vote in federal elections. They do so without evidence and in a bid to deprive thousands of lawful voters the opportunity to vote and to vote without fear or intimidation. Now, they are abusing judicial and election official resources by demanding court-ordered voter suppression and voter intimidation immediately prior to the 2024 general election. Similar lawsuits have been filed in multiple states across the country, all seeking unlawful and unconstitutional voter roll purges, and all of which are aimed at intimidating voters and election officials.

Free Speech For People is proud to represent with Mayer Brown LLP the Tri-State NAACP in this matter, along with local counsel Woodburn and Wedge.

Major Developments and Documents