RNC V Cari-Ann Burgess

Case 3:24-cv-00198-MMD-CLB Document 1 Filed 05/03/24 Page 1 of 18
1 Alicia R. Ashcraft (NV Bar No. 6980)

Jeffrey F. Barr (NV Bar No. 7269)
2 Ashcraft & Barr LLP
8275 South Eastern Avenue, Suite 200
3 Las Vegas, NV 89123
(702) 631-4755
4 barrj@ashcraftbarr.com
5 Thomas R. McCarthy* (VA Bar No. 47145)
Conor D. Woodfin* (VA Bar No. 98937)
6 Thomas S. Vaseliou* (TX Bar No. 24115891)
1600 Wilson Boulevard, Suite 700
7 Arlington, VA 22209
(703) 243-9423
8 tom@consovoymccarthy.com
conor@consovoymccarthy.com
9 tvaseliou@consovoymccarthy.com
10 Sigal Chattah (NV Bar No. 8264)
5875 S. Rainbow Blvd #204
11 Las Vegas, NV 89118
(702) 360-6200
12 sigal@thegoodlawyerlv.com
13 David A. Warrington* (VA Bar No. 72293)
Gary M. Lawkowski* (VA Bar No. 82329)
14 2121 Eisenhower Avenue, Suite 608
Alexandria, VA 22314
15 703-574-1206
DWarrington@dhillonlaw.com
16 GLawkowski@dhillonlaw.com
17 Michael A. Columbo* (CA Bar No. 271283)
177 Post Street, Suite 700
18 San Francisco, California 94108
MColumbo@dhillonlaw.com
19
20 *Pro hac vice application forthcoming
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1
UNITED STATES DISTRICT COURT
2 DISTRICT OF NEVADA
3 REPUBLICAN NATIONAL COMMITTEE;
4 NEVADA REPUBLICAN PARTY; DONALD J.
TRUMP FOR PRESIDENT 2024, INC.; and No. ____________________
5 DONALD J. SZYMANSKI,
Plaintiffs,
6
v. COMPLAINT FOR
7 DECLARATORY AND
CARI-ANN BURGESS, in her official capacity as the INJUNCTIVE RELIEF
8 Washoe County Registrar of Voters; JAN
GALASSINI, in her official capacity as the Washoe
9 County Clerk; LORENA PORTILLO, in her official
capacity as the Clark County Registrar of Voters; LYNN
10 MARIE GOYA, in her official capacity as the Clark
County Clerk; FRANCISCO AGUILAR, in his offi-
11 cial capacity as Nevada Secretary of State,
12 Defendants.
13 Plaintiffs the Republican National Committee, the Nevada Republican Party,

14 Donald J. Trump for President 2024, Inc., and Donald J. Szymanski bring this action to
15 challenge Section 293.269921 of the Nevada Revised Statutes. Plaintiffs allege as follows:
16 INTRODUCTION
17 1. Under the U.S. Constitution, states have broad discretion to decide how to
18 conduct federal elections. But their election laws must comply with the higher law of
19 the U.S. Constitution and with federal laws enacted under it.
20 2. Exercising its constitutional power under the Elections Clause and the
21 Electors Clause, Congress has established a uniform, national day to elect members of
22 Congress and to appoint presidential electors. 2 U.S.C. §§1, 7; 3 U.S.C. §1. Congress
23 enacted these laws “to provide a uniform time of electing Representatives,” Senators,
24 and presidential electors. Cong. Globe, 42d Cong., 2d Sess. 112 (1871).
25 1
Complaint for Declaratory and Injunctive Relief
1 3. Nevada contravenes those federal laws by counting mail ballots that are
2 received up to four business days after Election Day, Nev. Rev. Stat. §293.269921(1)(b),
3 and by presuming that ballots received up to three days after Election Day “have been
4 postmarked on or before the day of the election,” id. §293.269921(2). Nevada effectively
5 extends Nevada’s federal election past the Election Day established by Congress.
6 4. The result of Nevada’s violation of federal law is that timely, valid ballots
7 are diluted by untimely, invalid ballots, which violates the rights of candidates, cam-
8 paigns, and voters under federal law.
9 5. For these reasons, Section 293.269921 is unlawful and must be enjoined.
10 6. In 2020, this Court dismissed a case for lack of standing that challenged an
11 earlier law governing mail ballot deadlines. See Donald J. Trump for President, Inc. v. Cegavske,
12 488 F. Supp. 3d 993 (D. Nev. 2020) (challenging Act of August 3, 2020, A.B. No. 4,
13 2020 Nev. Stat. 18, §20). That earlier law applied only to “elections impacted by emer-
14 gencies or disasters.” Id. In 2021, the Nevada Legislature codified post-election receipt
15 of mail ballots for all elections, irrespective of emergencies or disasters. See Act of June
16 2, 2021, A.B. No. 321, 2021 Nev. Laws Ch. 248, §56. The organizational injuries alleged
17 in that case were the need to divert resources to educate voters and combat voter fraud.
18 This case is different. Among other bases for standing, the challenged law injures Plain-
19 tiffs here by causing competitive electoral harms and by requiring Plaintiffs to divert
20 resources to conduct election activities beyond election day.
21 JURISDICTION AND VENUE
22 7. The Court has subject-matter jurisdiction because this case arises under the
23 Constitution and laws of the United States. 28 U.S.C. §§1331, 1343.
24
25 2
1 8. Venue is proper because at least one Defendant resides in this district and
2 all Defendants are residents of Nevada, and because a substantial part of the events
3 giving rise to the claims occurred in this district. Id. §1391(b).
4 PARTIES
5 9. Plaintiff, the Republican National Committee (RNC), is the national com-
6 mittee of the Republican Party, as defined by 52 U.S.C. §30101(14), with its principal
7 place of business at 310 First Street S.E., Washington, DC 20003.
8 10. The RNC organizes and operates the Republican National Convention,
9 which nominates a candidate for President and Vice President of the United States.
10 11. The RNC represents over 30 million registered Republicans in all 50 states,
11 the District of Columbia, and the U.S. territories. It is comprised of 168 voting members
12 representing state Republican Party organizations, including three members who are
13 registered voters in Nevada.
14 12. The RNC works to elect Republican candidates to state and federal office.
15 In November 2024, its candidates will appear on the ballot in Nevada for election to the
16 Presidency, U.S. Senate, and U.S. House of Representatives.
17 13. The RNC has vital interests in protecting the ability of Republican voters
18 to cast, and Republican candidates to receive, effective votes in Nevada elections and
19 elsewhere. The RNC brings this suit to vindicate its own rights in this regard, and in a
20 representational capacity to vindicate the rights of its members, affiliated voters, and
21 candidates.
22 14. The RNC also has an interest in opposing Nevada’s constitutionally prob-
23 lematic mail ballot deadlines. Nevada’s mail ballot deadline forces the RNC to divert
24 resources from in-person voting activities and election-integrity measures, and instead
25 3
1 spend money on mail ballot chase programs and post-election activities. The mail ballot
2 deadline also specifically and disproportionately harms Republican candidates.
3 15. Plaintiff Nevada Republican Party (NVGOP) is a political party in Nevada
4 with its principal place of business at 2810 West Charleston Blvd. #69, Las Vegas, NV
5 89102. The Nevada Republican Central Committee (NRCC) is the NVGOP’s governing
6 body. The NVGOP and NRCC exercise their federal and state constitutional rights of
7 speech, assembly, petition, and association to “provide the statutory leadership of the
8 Nevada Republican Party as directed in the Nevada Revised statutes,” to “recruit, de-
9 velop, and elect representative government at the national, state, and local levels,” and
10 to “promote sound, honest, and representative government at the national, state and
11 local levels.” NRCC Bylaws, art. II, §§1.A-1.C.
12 16. The NVGOP represents over 550,000 registered Republican voters in Ne-
13 vada.
14 17. The NVGOP has the same interests in this case as the RNC and seeks to
15 vindicate those interests in the same ways.
16 18. Plaintiff Donald J. Trump for President 2024, Inc. (Trump Campaign) is
17 the principal committee for President Donald J. Trump’s campaign with its headquarters
18 in West Palm Beach, FL.
19 19. The Trump Campaign has the same interests in this case as the RNC with
20 respect to the candidacy of President Trump and seeks to vindicate those interests in
21 the same ways.
22 20. Donald J. Szymanski is a registered Nevada voter and resident of Clark
23 County. He regularly votes in Nevada’s primary and general elections, and he plans to
24 vote in the November 2024 general election, including for U.S. President, Senate, and
25 4
1 House of Representatives. Mr. Szymanski is registered as a Republican, supports Repub-

2 lican candidates, and has volunteered on behalf of the Republican Party.
3 21. Defendant Cari-Ann Burgess is the Registrar of Voters for Washoe
4 County. She is the county’s chief election officer and is responsible for “establish[ing]
5 procedures for the processing and counting of mail ballots” in Washoe County. Nev.
6 Rev. Stat. §293.269925(1); see id. §§293.269911-.269937, 244.164. Defendant Burgess is
7 sued in her official capacity.
8 22. Defendant Jan Galassini is the Washoe County Clerk. She is responsible
9 for certifying the election results in Washoe County. Nev. Rev. Stat. §293.393. Defend-
10 ant Galassini is sued in her official capacity.
11 23. Defendant Lorena Portillo is the Registrar of Voters for Clark County. She
12 is the county’s chief election officer and is responsible for “establish[ing] procedures for
13 the processing and counting of mail ballots” in Clark County. Nev. Rev. Stat.
14 §293.269925(1); see id. §§293.269911-.269937, 244.164. Defendant Portillo is sued in her
15 official capacity.
16 24. Defendant Lynn Marie Goya is the Clark County Clerk. She is responsible
17 for certifying the election results in Clark County. Nev. Rev. Stat. §293.393. Defendant
18 Goya is sued in her official capacity.
19 25. Defendant Francisco Aguilar is the Secretary of State of Nevada. He serves
20 “as the Chief Officer of Elections” for Nevada and “is responsible for the execution
21 and enforcement of the provisions of title 24 of NRS and all other provisions of state
22 and federal law relating to elections in” Nevada. Nev. Rev. Stat. §293.124. He is sued in
23 his official capacity.
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1 ALLEGATIONS
2 I. There is only one federal Election Day.
3 26. The U.S. Constitution’s Elections Clause vests state legislatures with power
4 to set the time, place, and manner of congressional elections. U.S. Const. art. I, §4, cl. 1.
5 27. But the Elections Clause also reserves to “Congress” the power to “at any
6 time by Law make or alter such Regulations, except as to the Places of chusing Sena-
7 tors.” Id.
8 28. A law governs “‘the election’ of a Senator or Representative” when it
9 “plainly refer[s] to the combined actions of voters and officials meant to make a final
10 selection of an officeholder.” Foster v. Love, 522 U.S. 67, 71 (1997).
11 29. Exercising its constitutional power to pass laws governing elections for
12 federal offices, Congress has established one specific day as the uniform, national Elec-
13 tion Day for members of the United States House of Representatives and of the United
14 States Senate. For both offices, the “Tuesday next after the 1st Monday in November”
15 is “the day for the election.” 2 U.S.C. §7 (elections for members of the House of Rep-
16 resentatives held on that day “in every even numbered year”); see also id. §1 (Senators to
17 be elected “[a]t the regular election held in any State next preceding the expiration of the
18 term for which any Senator was elected to represent such State in Congress, at which a
19 Representative to Congress is regularly by law to be chosen”).
20 30. The U.S. Constitution also vests in “Congress” the power to “determine
21 the Time of chusing the Electors” for the offices of President and Vice President. U.S.
22 Const. art. II, §1, cl. 4.
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1 31. Exercising that power, Congress has established that “[t]he electors of
2 President and Vice President shall be appointed, in each State, on election day, in ac-
3 cordance with the laws of the State enacted prior to election day.” 3 U.S.C. §1.
4 32. Together, 2 U.S.C. §§1, 7, and 3 U.S.C. §1 establish the Tuesday after the
5 first Monday in November as the uniform, national Election Day for members of Con-
6 gress and as the uniform, national day for appointing electors for President and Vice
7 President.
8 33. Those “uniform rules for federal elections” are “binding on the States” and
9 superior to conflicting state law. Foster, 522 U.S. at 69. “‘[T]he regulations made by Con-
10 gress are paramount to those made by the State legislature; and if they conflict therewith,
11 the latter, so far as the conflict extends, ceases to be operative.’” Id. (quoting Ex parte
12 Siebold, 100 U.S. 371, 384 (1879)). In other words, if a state law governing elections for
13 federal offices “conflicts with federal law,” that state law is “void.” Id. at 74.
14
II. Nevada’s mail ballot deadline extends the election beyond the federal elec-
15 tion day.
16 34. Under Nevada law, “[I]n order for a mail ballot to be counted for any elec-
17 tion, the ballot must be … [m]ailed to the county clerk,” “postmarked on or before the
18 day of the election,” and “[r]eceived by the clerk not later than 5 p.m. on the fourth day
19 following the election.” Nev. Rev. Stat. §293.269921(1).
20 35. Nevada law further provides that “[i]f a mail ballot is received by mail not
21 later than 5 p.m. on the third day following the election and the date of the postmark
22 cannot be determined, the mail ballot shall be deemed to have been postmarked on or
23 before the day of the election.” Id. §293.269921(2).
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25 7
1 36. Each county clerk must “appoint a mail ballot central counting board for
2 the election,” which processes mail ballots “under the direction of the clerk.” Id.
3 §293.269929.
4 37. “The mail ballot central counting board may begin counting the received
5 mail ballots 15 days before the day of the election.” Id. §293.269931.
6 38. Each mail ballot central counting board “shall process the mail ballots in
7 the following manner.” Id. §293.269933.
8 a. First, “[t]he name of the voter, as shown on the return envelope, must be
9 checked as if the voter were voting in person.” Id.
10 b. Next, an election board officer marks “in the roster ‘Received’ by the name
11 of the voter.” Id.
12 c. “If the board determines the voter is entitled to cast a mail ballot and all
13 other processing steps have been completed, the return envelope must be
14 opened and the mail ballot counted.” Id.
15 d. Then “[a]n election board officer shall indicate ‘Voted’ by the name of the
16 voter.” Id.
17 e. Last, empty mail-ballot envelopes and any envelopes containing rejected
18 mail ballots must be returned to the clerk. Id.
19 39. “The board must complete the count of all mail ballots on or before the
20 seventh day following the election.” Id. §293.269931.
21 40. Nevada’s law, regulations, and guidance require election officials to count
22 ballots received after election day.
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1 III. Nevada’s mail ballot deadline violates federal law.

2 41. The next federal election will be held on Tuesday, November 5, 2024. In
3 that election, Nevada will elect its next slate of presidential and vice-presidential electors,
4 as well as a new Congressional delegation.
5 42. Under Nevada’s current law, mail ballots for the November 5 election
6 postmarked by election day will be counted if received on or before 5 p.m. on November
7 9, 2024.
8 43. Under Nevada’s current law, mail ballots whose postmark date cannot be
9 determined will be counted if received on or before 5 p.m. on November 8, 2024.
10 44. Upon information and belief, election officials in Nevada have counted
11 and will continue to count mail ballots that lack a postmark and are received on or before
12 5 p.m. on November 8, 2024. For example, the United States Postal Service does not
13 postmark bulk rate mail, which means that a significant number of mail ballots will lack
14 a postmark. Nevada election officials will count such ballots even if they are sent after
15 Election Day.
16 45. “When the federal statutes speak of ‘the election’ of a Senator or Repre-
17 sentative, they plainly refer to the combined actions of voters and officials meant to
18 make a final selection of an officeholder….” Foster, 522 U.S. at 71. “By establishing a
19 particular day as ‘the day’ on which these actions must take place, the statutes simply
20 regulate the time of the election, a matter on which the Constitution explicitly gives
21 Congress the final say.” Id. at 71-72.
22 46. By holding voting open beyond the federal Election Day, Nevada violates
23 federal law and harms plaintiffs.
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25 9
1 47. The RNC, NVGOP, and Trump Campaign intend to conduct their cam-
2 paigns in accordance with federal law.
3 48. The RNC, NVGOP, and Trump Campaign rely on provisions of federal
4 and state law in conducting their campaigns, which include resources allocated to the
5 post-election counting and certification processes. For example, Nevada law guarantees
6 Plaintiffs the right to be represented on county mail ballot central counting boards. See
7 Nev. Rev. Stat. §293.269929(2) (“The voters appointed as election board officers for the
8 mail ballot central counting board must not all be of the same political party.”). Nevada
9 law also guarantees the right to observe the handling and counting of mail ballots. See
10 Nev. Rev. Stat. §293.269931(1); Nev. Admin. Code §§293.322(3), (4); 356(1). Counting
11 ballots received after Election Day thus requires Plaintiffs and their members to divert
12 more time and money to post-election mail ballot activities. See Nev. Rev. Stat.
13 §293.269931 (counting may continue up to “the seventh day following an election”).
14 49. Nevada’s law also requires the RNC, NVGOP, and Trump Campaign to
15 maintain mail-ballot-specific get-out-the-vote operations to encourage mail ballot voters
16 to return their mail ballots through Election Day. Funding and staffing these operations
17 diverts resources from in-person Election Day get-out-the-vote activities.
18 50. In addition, late-arriving ballots are not valid, so counting them dilutes the
19 weight of timely, valid ballots.
20 51. Dilution of honest votes, to any degree, by the casting of fraudulent or
21 illegitimate votes violates the right to vote.
22 52. The Fourteenth Amendment of the U.S. Constitution protects the “the
23 right of all qualified citizens to vote, in state as well as in federal elections.” Reynolds v.
24 Sims, 77 U.S. 533, 554 (1964). “Obviously included within the right to [vote], secured by
25 10
1 the Constitution, is the right of qualified voters within a state to cast their ballots and
2 have them counted.” United States v. Classic, 313 U.S. 299, 315 (1941). “[T]he right to
3 have the vote counted” means counted “at full value without dilution or discount.” Reyn-
4 olds, 377 U.S. at 555 n.29 (quoting South v. Peters, 339 U.S. 276, 279 (1950) (Douglas, J.,
5 dissenting)).
6 53. Thus, both direct denials and practices that count invalid ballots dilute the
7 effectiveness of individual votes and violate the Fourteenth Amendment. See id. at 555
8 (“[T]he right of suffrage can be denied by a debasement or dilution of the weight of a
9 citizen’s vote just as effectively as by wholly prohibiting the free exercise of the fran-
10 chise.”).
11 54. “Every voter in a federal … election, whether he votes for a candidate with
12 little chance of winning or for one with little chance of losing, has a right under the
13 Constitution to have his vote fairly counted, without its being distorted by fraudulently
14 cast votes.” Anderson v. United States, 417 U.S. 211, 227 (1974); see also Baker v. Carr, 369
15 U.S. 186, 208 (1962).
16 55. Fraudulent votes “debase[]” and “dilute” the weight of each validly cast
17 vote. Anderson, 417 U.S. at 227. When it comes to “‘dilut[ing] the influence of honest
18 votes in an election,’” whether the dilution is “‘in greater or less degree is immaterial’”—
19 it is a violation of the Fourteenth Amendment. Id. at 226.
20 56. Because voting by mail is starkly polarized by party, that dilution directly
21 and specifically harms Plaintiffs. For example, according to the MIT Election Lab, 46%
22 of Democratic voters in the 2022 General Election mailed in their ballots, compared to
23 only 27% of Republicans. Charles Stewart III, How We Voted in 2022, at 10,
24
25 11
1 https://perma.cc/444Z-58ZY. That means the late-arriving mail ballots that are

2 counted disproportionately break for Democrats.
3 57. Voting by mail is even more polarized by party in Nevada specifically. For
4 example, in Nevada’s 2020 general election, 60.3% of Democratic voters voted by mail,
5 compared to just 36.9% of Republican voters. See Nev. Sec’y of State, 2020 General Elec-
6 tion Turnout, https://perma.cc/Z6F3-SM4N. Likewise in its 2022 general election,
7 61.3% of Democrats and just 40% of Republicans voted by mail. See Nev. Sec’y of
8 State, 2022 General Election Turnout, https://perma.cc/N7G7-RUQ9.
9 58. Mail ballots from Democratic voters also tend to arrive late, in part because
10 “Democratic get-out-the-vote drives—which habitually occur shortly before election
11 day–—may delay maximum Democratic voting across-the-board, and produce a ‘blue
12 shift’ in late mail ballots.” Ed Kilgore, Why Do the Last Votes Counted Skew Democratic?,
13 Intelligencer (Aug. 10, 2020), https://perma.cc/R78D-3Q58. Indeed, “even if Republi-
14 cans and Democrats voted in person and by mail at identical levels, Democrats tend to
15 vote later, which in turn (particularly in elections with heavy voting by mail) means early
16 Republican leads in close races could be fragile.” Id.
17 59. According to data reported by the Nevada Secretary of State’s office, in
18 the Nevada 2024 primary elections, Democrats disproportionately voted by mail com-
19 pared to Republicans. Office of Nev. Sec’y of State, 2024 Presidential Preference Primary
20 Turnout: Cumulative Presidential Preference Primary Election Turnout – Final (Feb. 20, 2024),
21 perma.cc/7USY-5NMY. Democrats also had significantly more mail ballots rejected for
22 not being returned correctly. Office of Nev. Sec’y of State, 2024 Presidential Preference
23 Primary Turnout: Mail Ballot Information – Cumulative Totals (Feb. 20, 2024),
24 perma.cc/7NTN-JV6L.
25 12
1 60. Counting mail ballots received after Election Day doesn’t just dilute the
2 valid ballots—it specifically and disproportionately harms Republican candidates and
3 voters.
4 61. These harms are irreparable.
5 COUNT I
Equitable Relief Under Ex parte Young
6 Violation of 3 U.S.C. §1, 2 U.S.C. §§1, 7
7 62. Plaintiffs incorporate all their prior allegations.
8 63. The Supremacy Clause of the U.S. Constitution states that the “Laws of
9 the United States … shall be the supreme Law of the Land.” U.S. Const. Art. VI.
10 64. Federal law provides that “[t]he electors of President and Vice President
11 shall be appointed, in each State, on the Tuesday next after the first Monday in Novem-
12 ber, in every fourth year succeeding every election of a President and Vice President.” 3
13 U.S.C. §1.
14 65. For congressional offices, the “Tuesday next after the 1st Monday in No-
15 vember” is “the day for the election.” 2 U.S.C. §7 (elections for members of the House
16 of Representatives held on that day “in every even numbered year”); see also id. §1 (Sen-
17 ators to be elected “[a]t the regular election held in any State next preceding the expira-
18 tion of the term for which any Senator was elected to represent such State in Congress,
19 at which a Representative to Congress is regularly by law to be chosen”).
20 66. Congress established one specific day as the uniform, national Election
21 Day for federal office. Federal law prohibits holding voting open after Election Day.
22 67. A qualified ballot for federal office is not a legal vote unless it is received
23 by the proper election officials by Election Day.
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25 13
1 68. Section 293.269921 of the Nevada Revised Statutes permits mail ballots
2 that have been postmarked by Election Day to be counted if they are received up to
3 four days after Election Day.
4 69. Section 293.269921 thus holds voting open after Election Day and allows
5 ballots to be cast after Election Day but still counted as lawfully cast votes. Federal law
6 preempts Section 293.269921 as a result.
7 70. This Court has the inherent power to review and enjoin violations of fed-
8 eral law by state officials. Ex parte Young, 209 U.S. 123 (1908). Congress has not evi-
9 denced an intent to limit equitable relief for violating 3 U.S.C. §1 or 2 U.S.C. §§1, 7.
10 71. Plaintiffs have no adequate remedy at law and will suffer serious and irrep-
11 arable harm to their constitutional and federal rights unless Defendants are enjoined
12 from implementing and enforcing Section 293.269921.
13
COUNT II
14 Violation of the Right to Stand for Office (42 U.S.C. §1983)
15 72. Plaintiffs incorporate all their prior allegations.
16 73. Section 293.269921 requires counties to hold open voting and count bal-
17 lots that have been cast after Election Day. Under federal law, those votes are not valid.
18 3 U.S.C. §1, 2 U.S.C. §7, 2 U.S.C. §1.
19 74. Defendants, acting under color of Nevada law, have deprived and are de-
20 priving Plaintiffs of rights protected under the First and Fourteenth Amendment to the
21 U.S. Constitution in violation of 42 U.S.C. §1983 by, among other things, forcing Plain-
22 tiffs to spend money, devote time, and otherwise injuriously rely on unlawful provisions
23 of state law in organizing, funding, and running their campaigns.
24
25 14
1 75. Defendants, acting under color of Nevada law, have deprived and are de-
2 priving Plaintiffs of rights protected under the First Amendment and 14th Amendment
3 to the U.S. Constitution in violation of 42 U.S.C. §1983.
4 76. Plaintiffs have no adequate remedy at law and will suffer serious and irrep-
5 arable harm to their constitutional rights unless Defendants are enjoined from imple-
6 menting and enforcing Section 293.269921.
7 COUNT III
Violation of the Right to Vote (42 U.S.C. §1983)
8
77. Plaintiffs incorporate all their prior allegations.
9
78. Section 293.269921 requires counties to hold open voting and count bal-
10
lots that have been cast after Election Day. Under federal law, those votes are not valid.
11
3 U.S.C. §1, 2 U.S.C. §7, 2 U.S.C. §1.
12
79. Dilution of honest votes, to any degree, by the casting of fraudulent or
13
illegitimate votes violates the right to vote. Reynolds, 377 U.S. at 555; Anderson, 417 U.S.
14
at 226-27; Baker, 369 U.S. at 208.
15
80. Nevada’s voting system permits illegitimate votes and therefore violates
16
the Fourteenth Amendment to the U.S. Constitution.
17
81. Defendants have acted and will continue to act under color of state law to
18
violate the Fourteenth Amendment.
19
82. Plaintiffs have no adequate remedy at law and will suffer serious and irrep-
20
arable harm to their constitutional and federal rights unless Defendants are enjoined
21
from implementing and enforcing Section 293.269921.
22
23 PRAYER FOR RELIEF
Plaintiffs ask this Court to enter judgment in their favor and provide the following
24
25 15
1 relief:
2 A. A declaratory judgment that the relevant parts of Nev. Rev. Stat.
§293.269921 violate the Fourteenth Amendment, 2 U.S.C. §§1, 7, and 3
3 U.S.C. §1;
4 B. Preliminary and permanent injunctions prohibiting Defendants from im-
5 plementing and enforcing the relevant parts of Nev. Rev. Stat.
§293.269921, including prohibiting Defendants from counting mail ballots
6 for federal office for the November 2024 general election that are received
by election officials after the day of the election; or, alternatively, prohibit-
7 ing Defendants from counting ballots for federal office for the November
2024 general election that are not postmarked by the day of the election;
8
C. Plaintiffs’ reasonable costs and expenses of this action, including attorneys’
9 fees; and
10 D. All other further relief that Plaintiffs may be entitled to.
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1 Dated: May 3, 2024 Respectfully submitted,

2 Thomas R. McCarthy* /s/ Alicia R. Ashcraft
3 VA Bar No. 47145 Alicia R. Ashcraft (NV Bar No. 6980)
Conor D. Woodfin* ASHCRAFT & BARR LLP
4 VA Bar No. 98937 8275 South Eastern Ave., Suite 200
Thomas S. Vaseliou* Las Vegas, NV 89123
5 TX Bar No. 24115891 (702) 631-4755
CONSOVOY MCCARTHY PLLC barrj@ashcraftbarr.com
6 1600 Wilson Boulevard, Suite 700
Arlington, VA 22209 Counsel for the RNC, Donald J. Trump
7
(703) 243-9423 for President 2024, Inc., and Donald J.
8 tom@consovoymccarthy.com Szymanski
conor@consovoymccarthy.com
9 tvaseliou@consovoymccarthy.com /s/ Sigal Chattah
10 Counsel for Plaintiffs Sigal Chattah (NV Bar No. 8264)

CHATTAH LAW GROUP
11 5875 S. Rainbow Blvd #204
12 David A. Warrington* Las Vegas, NV 89118
VA Bar No. 72293 (702) 360-6200
13 Gary M. Lawkowski* sigal@thegoodlawyerlv.com
VA Bar No. 82329
14 DHILLON LAW GROUP, INC. Counsel for the Nevada Republican Party
2121 Eisenhower Avenue, Suite 608
15 Alexandria, VA 22314
703-574-1206
16
DWarrington@dhillonlaw.com
17 GLawkowski@dhillonlaw.com
18 Michael A. Columbo*
CA Bar No. 271283
19 DHILLON LAW GROUP, INC.
177 Post Street, Suite 700
20 San Francisco, California 94108
21 MColumbo@dhillonlaw.com
22 Counsel for Donald J. Trump for President

2024, Inc.
23
*pro hac vice application forthcoming
24
25 17
JS 44 (Rev. 03/24) Case 3:24-cv-00198-MMD-CLB Document
CIVIL COVER 1-1 Filed 05/03/24 Page 1 of 1
SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS
REPUBLICAN NATIONAL COMMITTEE; NEVADA CARI-ANN BURGESS, in her official capacity as the
REPUBLICAN PARTY; DONALD J. TRUMP FOR Washoe County Registrar of Voters; JAN GALASSINI, in her
PRESIDENT 2024
(b) County of Residence INC
of First d DONALD
Listed Plaintiff J SZYMANSKI
Washington, DC ffi i of
County l Residence
it of First
th Listed
W Defendant
h C Washoe
t Cl k LO RENA
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Alicia R Ashcraft
Jeffrey F Barr
ASHCRAFT & BARR LLP
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
1 U.S. Government ✖ 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4
of Business In This State
2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a 3 3 Foreign Nation 6 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act
120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 376 Qui Tam (31 USC
130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 3729(a))
140 Negotiable Instrument Liability 367 Health Care/ INTELLECTUAL 400 State Reapportionment
150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 410 Antitrust
& Enforcement of Judgment Slander Personal Injury 820 Copyrights 430 Banks and Banking
151 Medicare Act 330 Federal Employers’ Product Liability 830 Patent 450 Commerce
152 Recovery of Defaulted Liability 368 Asbestos Personal 835 Patent - Abbreviated 460 Deportation
Student Loans 340 Marine Injury Product New Drug Application 470 Racketeer Influenced and
(Excludes Veterans) 345 Marine Product Liability 840 Trademark Corrupt Organizations
153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR 880 Defend Trade Secrets 480 Consumer Credit
of Veteran’s Benefits 350 Motor Vehicle 370 Other Fraud 710 Fair Labor Standards Act of 2016 (15 USC 1681 or 1692)
160 Stockholders’ Suits 355 Motor Vehicle 371 Truth in Lending Act 485 Telephone Consumer
190 Other Contract Product Liability 380 Other Personal 720 Labor/Management SOCIAL SECURITY Protection Act
195 Contract Product Liability 360 Other Personal Property Damage Relations 861 HIA (1395ff) 490 Cable/Sat TV
196 Franchise Injury 385 Property Damage 740 Railway Labor Act 862 Black Lung (923) 850 Securities/Commodities/
362 Personal Injury - Product Liability 751 Family and Medical 863 DIWC/DIWW (405(g)) Exchange
Medical Malpractice Leave Act 864 SSID Title XVI 890 Other Statutory Actions
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 790 Other Labor Litigation 865 RSI (405(g)) 891 Agricultural Acts
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: 791 Employee Retirement 893 Environmental Matters
220 Foreclosure ✖ 441 Voting 463 Alien Detainee Income Security Act FEDERAL TAX SUITS 895 Freedom of Information
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 870 Taxes (U.S. Plaintiff Act
240 Torts to Land 443 Housing/ Sentence or Defendant) 896 Arbitration
245 Tort Product Liability Accommodations 530 General 871 IRS—Third Party 899 Administrative Procedure
290 All Other Real Property 445 Amer. w/Disabilities - 535 Death Penalty IMMIGRATION 26 USC 7609 Act/Review or Appeal of
Employment Other: 462 Naturalization Application Agency Decision
446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration 950 Constitutionality of
Other 550 Civil Rights Actions State Statutes
448 Education 555 Prison Condition
560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
✖ 1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 Transferred from 6 Multidistrict 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
Fourteenth Amendment of the US Constitution, 2 U.S.C. §§1, 7, and 3 U.S.C. §1;
VI. CAUSE OF ACTION Brief description of cause:
Interference with Right to Vote
VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: Yes No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
May 3, 2024 Alicia R Ashcraft
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

Case 3:24-cv-00198-MMD-CLB Document 1-2 Filed 05/03/24 Page 1 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action

for the
District
__________ of Nevada
District of __________
REPUBLICAN NATIONAL COMMITTEE; NEVADA )

REPUBLICAN PARTY; DONALD J. TRUMP FOR )
PRESIDENT 2024, INC.; and DONALD J. )
SZYMANSKI, )
Plaintiff(s) )
)
v. Civil Action No.
)
FRANCISCO AGUILAR, CARI-ANN BURGESS, JAN )
GALASSINI, LORENA PORTILLO, LYNN MARIE )
GOYA, )
)
Defendant(s) )
SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address)

CARI-ANN BURGESS
Registrar of Voters for Washoe County
1001 E. Ninth Street
Reno, NV 89512
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:
Jeffrey F. Barr
Las Vegas, NV 89123
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)

was received by me on (date) .
’ I personally served the summons on the individual at (place)

on (date) ; or
’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or
’ I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or
’ I returned the summons unexecuted because ; or
’ Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
I declare under penalty of perjury that this information is true.
Date:
Server’s signature
Printed name and title
Server’s address
Additional information regarding attempted service, etc:
Print Save As... Reset


for the
District

SZYMANSKI, )
Plaintiff(s) )
)
v. Civil Action No.
)
GOYA, )
)
Defendant(s) )

JAN GALASSINI
Washoe County Clerk's Office
1001 E. Ninth Street
Reno, NV 89512
Jeffrey F. Barr
Las Vegas, NV 89123
CLERK OF COURT
Date:
Civil Action No.
PROOF OF SERVICE


on (date) ; or

on (date) ; or
.
Date:
Server’s address


for the
District

SZYMANSKI, )
Plaintiff(s) )
)
v. Civil Action No.
)
GOYA, )
)
Defendant(s) )

LORENA PORTILLO
Registrar of Voters for Clark County
500 S. Grand Central Pkwy.
Las Vegas, NV 89155
Jeffrey F. Barr
Las Vegas, NV 89123
CLERK OF COURT
Date:
Civil Action No.
PROOF OF SERVICE


on (date) ; or

on (date) ; or
.
Date:
Server’s address


for the
District

SZYMANSKI, )
Plaintiff(s) )
)
v. Civil Action No.
)
GOYA, )
)
Defendant(s) )

LYNN MARIE GOYA
Clark County Clerk's Office
500 S. Grand Central Pkwy.
Las Vegas, NV 89155
Jeffrey F. Barr
Las Vegas, NV 89123
CLERK OF COURT
Date:
Civil Action No.
PROOF OF SERVICE


on (date) ; or

on (date) ; or
.
Date:
Server’s address


for the
District

SZYMANSKI, )
Plaintiff(s) )
)
v. Civil Action No.
)
GOYA, )
)
Defendant(s) )

FRANCISCO AGUILAR
Nevada Secretary of State
101 N Carson Street Suite 3
Carson City, NV 89701
Jeffrey F. Barr
Las Vegas, NV 89123
CLERK OF COURT
Date:
Civil Action No.
PROOF OF SERVICE


on (date) ; or

on (date) ; or
.
Date:
Server’s address

RNC V Cari-Ann Burgess

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Case 3:24-cv-00198-MMD-CLB Document 1 Filed 05/03/24 Page 1 of 18

1 Alicia R. Ashcraft (NV Bar No. 6980)

13 Plaintiffs the Republican National Committee, the Nevada Republican Party,

1 House of Representatives. Mr. Szymanski is registered as a Republican, supports Repub-

1 III. Nevada’s mail ballot deadline violates federal law.

1 https://perma.cc/444Z-58ZY. That means the late-arriving mail ballots that are

1 Dated: May 3, 2024 Respectfully submitted,

10 Counsel for Plaintiffs Sigal Chattah (NV Bar No. 8264)

22 Counsel for Donald J. Trump for President

Citizen or Subject of a 3 3 Foreign Nation 6 6

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

REPUBLICAN NATIONAL COMMITTEE; NEVADA )

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address)

A lawsuit has been filed against you.

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.

This summons for (name of individual and title, if any)

’ I personally served the summons on the individual at (place)

’ I served the summons on (name of individual) , who is

’ I returned the summons unexecuted because ; or

I declare under penalty of perjury that this information is true.

Printed name and title

Additional information regarding attempted service, etc:

Print Save As... Reset

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

REPUBLICAN NATIONAL COMMITTEE; NEVADA )

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address)

A lawsuit has been filed against you.

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.

This summons for (name of individual and title, if any)

’ I personally served the summons on the individual at (place)

’ I served the summons on (name of individual) , who is

’ I returned the summons unexecuted because ; or

I declare under penalty of perjury that this information is true.

Printed name and title

Additional information regarding attempted service, etc:

Print Save As... Reset

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

REPUBLICAN NATIONAL COMMITTEE; NEVADA )

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address)

A lawsuit has been filed against you.

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.

This summons for (name of individual and title, if any)

’ I personally served the summons on the individual at (place)

’ I served the summons on (name of individual) , who is

’ I returned the summons unexecuted because ; or

I declare under penalty of perjury that this information is true.

Printed name and title

Additional information regarding attempted service, etc:

Print Save As... Reset

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

REPUBLICAN NATIONAL COMMITTEE; NEVADA )

SUMMONS IN A CIVIL ACTION