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From YouTube: 5/20/2021 - Assembly Election Contests
Description
For agenda and additional meeting information: https://www.leg.state.nv.us/App/Calendar/A/
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A
A
Here
that
means
everyone
is
present.
We
do
have
a
quorum
just
a
few
quick
housekeeping
matters.
I
don't
think
there
are
a
lot
of
folks
with
us
here
today,
but
if
you
are
on
the
zoom
or
you're
here
in
person,
could
you
please
mute
yourself
on
the
zoom
and
then
your
devices
that
you
might
have
on
you
if
you're
here
in
person
and
other
than
that?
A
I
think
that
is
pretty
much
it
for
opening
remarks.
I'm
going
to
next
go
to
the
second
item
listed
on
the
agenda,
which
is
discussion
of
report
and
recommendations
of
the
assembly
committee
on
elections,
contest
members
of
the
committee,
members
of
the
public
who
may
be
watching.
You
will
find
the
report
and
recommendation
on
nellis
as
an
exhibit,
and
we
have
committee
council,
mr
powers
here
with
us
on
the
zoom.
A
C
Thank
you,
mr
chairman,
for
the
record
kevin
powers,
general
counsel,
lcb
legal
division.
As
you
know,
the
lcb
legal
division
is
a
non-partisan
legal
agency.
We
do
not
support
or
oppose
any
particular
policy
viewpoint
or
piece
of
legislation,
and
in
this
case
we
do
not
support
or
oppose
any
party
to
this
election
contest.
C
The
report
and
recommendation
that
is
before
the
committee
today
will
provide
for
resolution
of
the
election
contest
as
set
forth
in
report
and
recommendation,
but
for
the
benefit
of
the
committee
members
and
the
public,
I
will
go
through
a
quick
overview
of
the
report
and
recommendation
as
a
starting
point.
An
election
contest
is
a
different
type
of
proceeding
than
most
legislatures
are
used
to
doing.
Obviously,
the
main
function
of
a
legislature
is
the
law
making
function.
C
On
april
7
2021,
the
chair
issued
an
order
requiring
the
contestant
to
show
cause
and
establishing
requirements
for
briefing
and
related
matters.
In
the
order
to
show
cause.
It
was
no.
The
parties
were
provided
with
notice
and
an
opportunity
to
submit
written
arguments
in
the
manner
set
forth
in
the
organ,
in
the
order
limited
to
the
issue
of
whether
the
contestant
complied
with
all
requirements
to
bring
the
election
contest.
C
The
attorneys
for
the
contestant
did
not
file
an
opening
brief
in
accordance
with
the
order.
In
addition,
the
attorneys
for
the
contestant
did
not
file
any
other
documents
in
response
to
the
order
of
show
cause
that
was
issued
by
the
chair
on
april
7
2021.,
because
this
is
an
adjudicatory
proceeding.
C
However,
as
mentioned,
the
attorneys
for
the
contestant
did
not
file
a
brief
or
any
other
document
in
response
to
the
order
to
show
cause.
As
a
result,
it's
well
established
in
adjudicatory
proceedings
that
notice
to
the
attorney
is,
is
notice
to
the
client.
So,
in
this
case,
the
attorney
was
provided
with
notice
of
the
april
7
2021
order,
and
that
notice,
then,
is
presumed
to
be
received
by
the
client.
C
Therefore,
the
report
and
recommendation
lays
out
this
background
establishes
the
rules
of
law
governing
this
adjudicatory,
proceeding
in
the
form
of
election
contests
and
provides
that,
based
on
the
failure
of
the
attorneys
for
the
contestant
to
file
an
opening
brief
or
any
other
orders.
In
response
to
the
order
to
show
cause
that
it
is
the
report
and
recommendation
of
the
committee
that
the
contestant
shall
be
deemed
to
have
abandoned
or
withdraw
in
this
election
contest
and
that
the
assembly
should
not
take
further
action
on
this
election
contest
and
should
dismiss
this
election
contest
with
prejudice.
C
So,
therefore,
the
issue
before
the
committee
as
to
whether
or
not
to
approve
this
report
and
recommendation.
If
this
committee
were
to
approve
this
report
and
recommendation,
it
then
would
be
submitted
to
the
full
assembly
for
them
to
determine
under
rule
46,
whether
to
accept
the
report
and
recommendation
of
the
committee.
If
the
full
assembly
accepts
the
report
and
recommendation
of
the
committee,
then
this
election
contest
would
be
deemed
to
have
been
abandoned
and
withdrawn.
The
assembly
would
not
take
further
action
on
this
election
contest
and
the
assembly
would
dismiss
this
election
contest
with
prejudice.
C
A
B
Thank
you,
mr
chair,
for
your
honor.
So
a
couple
questions
about
the
the
notification
to
the
email
was
there
any
other
attempt
to
notify
them
like
a
certified
letter
or
or
anything
like
that,
it
was
just
basically
sent
an
email
and
do
we
know
if
they
got
it
or
not?
C
C
We
do
not
have
confirmation
that
they
receive
the
electronic
mail,
but
we
did
not
get
any
notification
that
the
electronic
mail
failed
to
reach,
that
email
address
in
most
email
systems,
including
the
one
used
by
lcb
legal,
which
is
microsoft,
outlook,
if
you
send
it
to
an
email
address
that
is
incorrect
or
does
not
exist.
Generally,
you
get
a
response
that
the
email
failed
to
go
to
its
destination.
In
this
case,
we
did
not
receive
that.
C
B
Thank
you.
Thank
you
for
that
answer,
and
so
can
you
explain
to
me
the
difference
between
prejudice
and
without
prejudice.
C
In
ordinary
court
proceedings,
a
dismissal
without
prejudice
means
that
the
party
failed
to
meet
some
sort
of
procedural
requirement,
but
that
the
court
is
dismissing
them
from
the
case,
but
giving
the
party
an
opportunity
to
remedy
that
procedural
failure
and
to
refile
the
case.
So
when
you
dismiss
without
prejudice
you're,
giving
the
party
an
opportunity
to
refile
the
case.
C
By
contrast,
when
you
dismiss
with
prejudice
you're
saying
the
party
had
every
opportunity
to
comply
with
the
procedural
requirements
and
failed
to
do
so,
and
so
you're
dismissing
it
with
prejudice,
which
means
that
the
party
cannot
refile
that
case.
In
this
case
the
party
cannot
refile
the
election
contest,
and
so
this
dismissal
with
proud
prejudice
ends
the
case
on
all
terms,
for
all
purposes,
and
for
all
reasons.
Thank
you,
mr
chair.
B
Just
quick
follow-up,
it's
so
could
it
be
the
prerogative
of
the
of
this
committee
if
we
chose
to
to
to
do
it
without
prejudice,
I
mean
obviously
I
agree.
Deadlines
were
missed.
You
know
concerns
about
the
notification.
You
know,
I
don't
know
if
they
got
it
or
not,
could
have
went
to
junk.
Who
knows,
but
could
this
committee
go
go
against
the
recommendation
and
do
it
without
prejudice.
C
Thank
you,
mr
chairman.
Again
kevin
powers.
Committee
council.
The
committee
does
have
the
power
to
make
the
recommendation
to
the
full
assembly
that
this
dismisses
the
case
without
prejudice.
However,
as
your
legal
counsel,
lcb
legal
division
would
advise
against
such
a
recommendation
for
several
reasons.
C
First,
the
jurisdiction
of
the
assembly
over
this
election
contest
will
generally
end
at
the
adjournment
signing
die
of
this
regular
session,
which,
as
we
know,
is
a
little
over
a
week
away,
saying
you're.
Dismissing
this
election
contest
without
prejudice
confuses
the
issue
giving
the
contestant
the
idea
that
somehow
they
can
defile
the
election
contest.
C
However,
the
statutes
governing
this
election
contest
provide
that
the
statement
of
election
contest
must
be
filed
within
14
days
after
the
election.
That's
the
jurisdictional
issue
that
was
set
forth
in
the
order
show
cause
14
days
after
the
general
election
would
have
been
november.
17Th
of
2021.,
the
contestant
filed
the
statement
of
contest
on
november
23rd
2021,
which
was
six
days
after
the
jurisdictional
deadline.
C
So,
even
if
this
committee
were
to
recommend
dismissal
without
prejudice,
that
jurisdictional
issue
still
remains
and
so
to
suggest
that
the
contestant
could
refile,
the
contest
would
imply
that
the
committee
found
that
there
was
no
jurisdictional
defect.
However,
that's
what
the
committee
asked
the
parties
to
brief
and
the
parties
didn't
file
their
briefs,
because
the
contestant
failed
to
file
their
opening
brief.
C
So
our
recommendation
is
because
we
haven't
had
briefing
on
the
jurisdictional
issue
and
because
the
contestant
had
the
opportunity
to
meet
the
jurisdictional
issue
by
filing
a
brief
and
failed
to
do
so
that
this
committee
should
recommend
dismissal
with
prejudice,
because
the
jurisdictional
issue
was
never
briefed
and
therefore
the
contestant
is
deemed
to
have
abandoned
or
withdrawn.
The
appeal
and
the
this
committee
never
got
to
the
merits
of
the
jurisdictional
issue.
Thank
you,
mr
chairman.
B
Thank
you,
mr
powers,
and,
and
you
know
one
last
one
last
question,
and
so
we
we
got
the
brief.
Obviously
they
filed
the
complaint
on
november
27th.
This
election
year
was
a
little
different
than
we've
ever
had
in
nevada
in
that
because
of
of
mail
and
ballots,
the
results
actually
came
a
little
little
later,
which
could
have
caused
the
the
delay.
B
C
Thank
you,
mr
chairman,
for
the
record
again
kevin
powers.
Committee
council.
The
committee
was
appointed
on
march
29,
2021
and
then
as
soon
as
possible.
Thereafter,
on
april
7
2021,
the
chair
issued
the
order
to
show
cause
it's.
The
election
contest
is
totally
within
the
discretion
of
the
assembly.
C
The
assembly
determines
when
it
wants
to
appoint
the
committee
on
election
contest
and
once
the
committee
is
appointed,
the
chair,
oversees
it
under
rule
46
and
determines
how
quickly
you
issue
that
order
to
provide
show
cause
on
the
jurisdictional
issue.
In
this
case,
the
assembly
appointed
the
committee
on
march
29th
and
the
chair
with
the
assistance
of
lcd
legal
prepared,
the
order
show
cause
and
it
was
issued
on
april
7
2021.
C
B
A
Thank
you,
assemblyman
roberts
assembly,
woman,
howdy,
any
questions.
Okay,
I
don't
see
any
questions
from
assemblywoman
haudegee.
I
don't
have
any
questions
just
want
to.
Thank
you,
mr
powers,
for
your
work
on
this
issue
and
as
committee
council,
so
seeing
no
further
questions
at
this
time.
What
I
would
be
looking
to
do
is
to
take
a
motion
to
approve
the
report
and
the
recommendation
of
the
committee.
A
B
Thank
you,
mr
chair,
and
you
know
I
I've
read
over
everything
over
the
last
last
few
weeks
and
then
and
then
the
brief
that
was
provided
by
mr
powers
and
my
concern
is
that
there
could
be
some
gaps
on
the
notification
and
I
I
certainly
agree
that
they
missed
timelines.
They
missed
deadlines.
They
didn't
provide
that.
B
My
my
issue
would
be
that
it
would
be
a
dismissed
without
prejudice,
instead
of
with
that's
basically
to
give
them
an
opportunity
to
explain
that
if
they,
if
there
was
some
kind
of
snafu
or
they
didn't
get
proper
notification,
although
I'm
sure
it
would
be
difficult
to
follow
up
if
they,
if
they
did
do
that,
since
the
body
would
be
adjourned
in
a
week
or
so,
but
it's
my
feeling
that
we
should
go
without
so
I'll,
be
voting
no
on
the
motion.
A
So
you
know,
for
that
reason
I'll
be
supporting
the
motion
and
any
further
comments
from
committee
members.
A
Okay,
don't
see
further
comments
again,
the
motion
is,
if
I
can
just
restate
the
motion
is
to
approve
the
report
and
recommendation
of
the
committee,
all
those
in
favor,
please
signify
by
saying
aye
aye
any
opposed,
nay,
we
have
an
a
from
assemblyman
robert,
so
the
motion
does
carry
two
in
favor,
one
against
and
that'll.
Take
us
to
our
final
item
on
the
agenda,
which
is
public
comment.
A
I
have
reserved
up
to
30
minutes
for
public
comment
at
the
end
of
this
meeting,
public
commenters
will
have
up
to
two
minutes
to
provide
public
comment,
so
I
will
now
open
public
comment.
Is
there
anyone
in
the
room
here
in
carson
city
who
would
like
to
provide
public
comment?
I
don't
see
anyone
coming
forward.
A
Do
we
have
anyone
on
the
zoom
other
than
mr
powers
who
would
like
to
provide
public
comment?
My
eyesight's
not
great,
but
I
think
mr
powers
may
be
the
only
one
on
the
zoom
with
us
today.
So
bps.
Could
we
go
to
the
phone
lines
and
see
if
there's
anybody
there
who
would
like
to
give
public
comment
this
afternoon.
A
Thank
you
so
much
bps,
so
hearing
seeing
that
there's
nobody
for
public
comment.
I
will
close
public
comment
again,
want
to
thank
committee
council
and
thank
our
staff
for
being
here
today
to
to
take
care
of
us,
and
I
thank
my
fellow
committee
members
for
their
work
on
this
assembly
committee
on
election
contest.
So
with
that
behind
us
again,
thank
you.
Everyone
have
a
wonderful
rest
of
the
day
and
this
meeting
is
adjourned.