Thank you for all your responses to the blanket response the Secretary of State has sent to you and others.
The Secretary of State sent this out to people who had concerns about his decision to start counting the votes earlier than the law allows:

SOS Response:

Hello,

Thank you for your inquiry regarding the timeline to tabulate ballots, as set forth in Chapter 293 of the Nevada Revised Statutes (NRS). There are several elements of the NRS that are meant to be read together to provide the full meaning of the law. In this case, NRS 293.3606 specifically states that:

NRS 293.3606  Returns; secrecy of ballots; disseminating information about count of returns before polls close prohibited; penalty.
1.  After 8 a.m. on election day, the appropriate board shall count in public the returns for early voting.

As a result, the Secretary of State has provided guidance to election administrators that they may begin tabulating early, in-person results after 8am on election day. As required by NRS 293.363, no in-person votes from election day will be tabulated until after polls close and after the last voter has voted. Furthermore, as required by NRS 293.269935 subsection 3, no voting results may be released to the public until all polls are closed and all voters have voted.

NRS 293.269935  Certification and reporting of mail ballot results; secrecy of mail ballots; unlawful to disseminate information about mail ballot results before polls close and all votes cast on election day; penalty.
3.  No voting results of mail ballots may be released until all polling places are closed and all votes have been cast on the day of the election. Any person who disseminates to the public in any way information pertaining to the count of mail ballots before all polling places are closed and all votes have been cast on the day of the election is guilty of a misdemeanor.

All guidance provided to clerks and registrars relating to the tabulation of ballots and counting board process is fully in compliance with state and federal law. Secretary Aguilar takes election integrity seriously and will open criminal investigations into violations of Chapter 293 wherever necessary.

Please let me know if you have any additional questions.

Joshua Nordstrom
Administrative Assistant II, CAPS – Elections Division
Office of Secretary of State Francisco V. Aguilar

End Response.

Now for obvious reasons, reporting the vote totals early creates a myriad of issues. The first is it allows bad actors to know how many more ballots they need to stuff, to have their puppets win. Second, it creates election interference as people may look at the reported totals and think their vote won’t matter because their candidate is too far behind or too far ahead.

Obviously, we know with our purposely disgusting voter rolls, tons of illegal ballots have already made their way into our election, and tons more will as well. I won’t go into that here, but we have identified where a ton of these are coming from. Now we just need law enforcement to do their damn job.

But I digress. Below we put together a simple answer to the BS the SOS threw up on all of us as he tries to justify making new laws without the legislature.

I briefly covered it here earlier this week: https://operationsunlight.com/2024/06/04/the-secretary-of-state-is-now-making-laws-without-the-legislature/

Now to the argument that the ROV and SOS should immediately take heed to, follow, and not break any further laws.

Argument Against the Proposed Changes by Secretary of State Francisco Aguilar

Background

Secretary of State Francisco Aguilar has proposed to start tabulating in-person Election Day votes as they come in, rather than waiting for polls to close. This proposal includes guidance that allows for the temporary recess of counting boards during the counting process. Both of these changes are problematic and potentially violate several Nevada Revised Statutes (NRS) and Nevada Administrative Code (NAC) provisions, as well as the principles of election integrity.

Legal Violations

1. Violation of NRS 293.363
   • Text of NRS 293.363: “When the polls are closed, the counting board shall prepare to count the ballots voted. The counting procedure must be public and continue without adjournment until completed.”
   • Analysis: The statute clearly mandates that the counting of ballots should only commence after the polls are closed and must continue without adjournment until the counting is completed. The proposed plan to begin tabulating in-person votes throughout the day directly contradicts this requirement. Additionally, the introduction of recesses during the counting process violates the “without adjournment” clause. Simply rebranding an adjournment as a “recess” does not change its nature and still contravenes the statute.
2. Violation of NRS 293.269935
   • Text of NRS 293.269935(3): “No voting results of mail ballots may be released until all polling places are closed and all votes have been cast on the day of the election.”
   • Analysis: The proposed changes could result in the dissemination of early voting results, which is expressly prohibited by this statute. Even if the results are not formally released to the public, the process of counting in-person votes throughout the day increases the risk of premature disclosure, intentionally or unintentionally, thus compromising the secrecy and integrity of the election process.
3. Violation of the Principle of Continuous Public Counting
   • NRS 293.3606: This statute specifies that early voting returns can be counted after 8 a.m. on Election Day but does not extend this provision to in-person Election Day votes.
   • Analysis: The statutory framework provides clear boundaries on when different types of ballots can be processed and counted. Extending the early voting tabulation guidelines to in-person votes without legislative authorization undermines the statutory distinctions and legal safeguards intended to preserve the integrity and transparency of the electoral process.

Additional Election Integrity Concerns

1. Security Risks
   • Albert Sensor Concerns: Introducing devices like the Albert Sensor that can access various county systems, including the EMS, introduces potential security vulnerabilities. Which clearly states: “B. LIMITATION OF LIABILITY. CIS DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY ACT OR OMISSION OR OTHER PERFORMANCE RELATED TO THE PROVISION OF ALBERT MONITORING & MANAGEMENT SERVICES OR FOR THE ACCURACY OF THE INFORMATION PROVIDED AS PART OF THE SERVICES. THE SERVICES ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.” If these devices or their data transmissions are compromised, the entire election system’s integrity is at risk. This violates NAC 293B.090, 293B & NAC 293B which mandates security and reliability in voting systems.
   • Flash Drive Use: The use of USB flash drives in the tabulation creates multiple points of potential malware or virus introduction, compromising the EMS and network integrity.
2. Public Trust and Confidence
   • Impact on Public Perception: The deviation from established norms and legal mandates can erode public confidence in the electoral system. The public expects the voting and counting process to be consistent, transparent, and secure. Any perceived shortcuts or procedural changes that appear to compromise these principles will reduce trust in election outcomes.

Demand for Action

Given the clear statutory violations and potential security risks, it is imperative that Secretary of State Francisco Aguilar immediately retracts his guidance to begin tabulating in-person Election Day votes before the polls close and to allow for recesses during the counting process. Failure to comply with the established legal framework could result in personal liability for any breaches of election integrity.

Conclusion

The proposed changes by Secretary Aguilar not only violate specific Nevada Revised Statutes and Nevada Administrative Codes but also undermine the fundamental principles of election integrity and public trust. It is essential to adhere to the laws as they are currently written and seek any necessary changes through the proper legislative channels rather than administrative overreach.

Feel free to copy and paste this and create an election integrity violation report. We made it super simple for you: fill it out and hit submit; it goes to you and them.

Let them know we are aware of what they are doing, and let them know we are near ready to sue them via class action personally for breaking the law, especially after they have all been made aware of the issues.

https://app.goformz.com/s/siHRgzzwSxCi77jhHY

Beadles

P.S

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