I'm covering the Carson City District Court evidentiary hearing this morning in the lawsuit filed by the @realDonaldTrump / @NVGOP lawsuit against Clark County's ballot observation plan/request to block mail voting counting. Background here: https://thenevadaindependent.com/article/trump-campaign-nevada-republicans-sue-to-stop-clark-county-mail-vote-counting-until-proper-procedures-in-place

After ~18 minutes of technical difficulties, we're finally ready to begin this hearing

just kidding! more technical difficulties

back for real (hopefully)

Brian Hardy, attorney for the NV GOP/Trump campaign, says that petition is filed to ensure that NV has an electoral result that is "without reproach."

Says that once mail ballots are removed from their envelopes, "there’s no going back." (i.e., no way to challenge ballots)

Hardy says that Clark County's ballot counting method/ settings on ballot counting machines are more lax on signature matching than any other county. He says that creates 2 classes of voters, and that voters outside county have a higher chance of having ballot rejected

Now up is Deputy Solicitor General Greg Zunino (representing @NVSOS), who says the objective of plaintiffs "seems to be a moving target." - Started with poll observation, now complaints are about ballot secrecy/tracking mail ballots.

Zunino says "quite frankly," the Trump campaign/NV GOP want to "exclude as many ballots and signatures as they can" because Clark County is a blue county. Notes that they're not challenging results/processes in Elko County, for example

Mary Anne Miller, representing Clark County, says law allows for poll observation as long as they don't get in way of process, and "There’s nothing in the law to say we have to make it convenient for them."

John Devaney, attorney for D-connected law firm Perkins Coie LLP (intervened in case), says petitioners are asking judge to essentially legislate from the bench
"None of the demands that we’re hearing from petitioners are set forth in law."

Attorneys for the Trump campaign/NV GOP moves to strike comments from @NVSOS regarding Trump campaign's alleged motive of wanting to strike as many signatures in Clark County as possible.

Judge Russell sustains motion & agrees to strike comments

We're now starting with cross-examination of Clark County Registrar of Voters Joe Gloria

It's a bit difficult to hear Gloria, but questions so far have focused on life cycle of ballot, process for using Agilis ballot sorting system, use of manual signature checking when machine matches signature

Questions now focusing on quality of photocopied signatures sent from DMV to County for use in automatic ballot signature checking machine. Apparently, none of the DMV signature have a DPI (dot density) over 200, where the Agilis machine recommended 200+ DPI for signature match

10-minute recess after attorneys for Trump/NVGOP finish cross exam of Gloria.

We're back with Clark County attorney Mary Anne Miller continuing with cross-exam of Clark County Registrar Joe Gloria.

Gloria says that during previous election litigation (Corona v. Cegavske) this year, attorneys for Trump campaign/state party asked about ballot processing machine, but never asked about changing the settings/asked them to stop using machine

Gloria, asked what effect would be if an order is issued prohibiting county from using Agilis ballot counting machine, says it would be "very difficult for us to step up to manually check those signatures" by the canvass deadline

Gloria also said election officials have received several complaints about observers, including several who were not following observation rules, attempting filming, tried speaking with workers, etc. Said they've had to call law enforcement on several disruptive observers

The next witness is a poll watcher volunteer, who says she's worked as an observer in Clark County's ballot processing center for 3 shifts & is talking about county employees sometimes taking duplicate/other ballots with issues into office, where observers aren't allowed to be

after cross examination for a 2nd poll observer, court is taking an hour recess for lunch

We're back in court, with a quick re-visit to the 2nd poll observer (Virginia Stewart), who is going over a document she received from Clark County election department that says she agrees not to challenge decisions by election personnel

Mary-Anne Miller, the attorney for Clark County, is now asking to admit the second page of the form that poll observers are given (attorney for Trump campaign initially asked to submit just the 1st page, said that was all they had on hand)

Another poll observer (registered nurse) is now providing testimony, saying she raised concerns about signatures not matching in processing center.

Upon questions from attorneys for defendants, she says she doesn't have any background w/ forensic science of checking signatures

Another poll observer, who testified she was unable to enter building to participate in poll observation, has now brought out a whiteboard diagram of the Clark County election facility.

(Judge +others having a hard time seeing diagram over livestream)

Before witness can start explaining diagram (which shows where poll watchers are stationed in building) attorney for defendants objects, calling it a 'rudimentary' drawing. Judge agrees w/ objection

Another witness is Edward Suarez, a private practice attorney from NJ who arrived in Vegas on Monday & leaves after election day. One takeaway from this hearing is that several Trump campaign observers are attorneys from out of state - at least 2 others observers are from CA

Now up for the Trump campaign is Fred Kraus, who is a named plaintiff in this whole lawsuit. He's an attorney and former general counsel for the Las Vegas Sands.

The Trump campaign/NV GOP has exhausted its list of witnesses.

Now up is Greg Zunino (representing the @NVSOS), who is starting cross examination of Deputy SOS for Elections Wayne Thorley.

Thorley says all counties returned poll observation plans to @NVSOS, but office typically doesn't formally 'accept' the plans once they are turned in. One point raised by Trump campaign is that Clark County didn't submit plan until this month, well past deadline

In Clark County, the rejection rate for ballots due to signature mismatch or lack of signature is about 1.35%

Thorley says that % is in line with normal rejection rate, but some rural counties are 'outliers' due to relatively small number of ballots being processed

It sounds like Washoe County also has an Agilis ballot sorting machine, but it's a different model -- Clark County has the only machine that has ability to verify signatures

Zunino & other attorneys for defendants finish their questioning of Thorley, but we're now taking a break because Judge Wilson has a regularly scheduled hearing on an involuntary mental health evaluation. Back in 10-30 minutes

Judge Wilson isn't back yet, just fyi for those following along at home

JDUGE WILSON'S BACK

I got so excited I misspelled "judge."

Trump campaign attorney Jesse Binnall is now starting cross examination of Wayne Thorley.

Not a lot of new info from cross-examination between Binnall & Thorley (outside reiterating Clark County was late in submitting poll observation plan to NVSOS), but Thorley adds that in his opinion, "I believe Clark County’s observation plan is legally sufficient."

No additional witnesses, and we're on to closing arguments.

Binnall (Trump/NV GOP attorney) says that evidence today shows a "problem with transparency" in Clark County's election process and that issues presented "threatens the legitimacy of this election."