UPDATE: ACLJ Makes Emergency U.S. Supreme Court Filing To Defend the Right To Vote . . . Again

You’ve heard us talk about lawfare – the weaponization of the legal system against political opponents – and why we must fight back. The right to vote is among Americans’ most sacred rights. And those opposed to the will of the people in this constitutional republic are relentless in their agenda.

Last night, we filed an emergency application asking the United States Supreme Court to protect that right – this time in a case out of Nevada. After unanimously winning an intense legal battle earlier this year to protect the right to vote for the candidate of their choice – representing the Colorado Republican Party against the Trump ballot ban – we’re back at the U.S. Supreme Court again.

Now, the Democrat Party has filed a lawsuit in Nevada, and this past Friday night, successfully obtained an order from the Nevada Supreme Court blocking the Nevada Green Party’s presidential candidate from appearing on Nevada’s general election ballot. The Supreme Court of Nevada waited until the day of Nevada’s deadline to begin printing ballots to enter its order removing the Green Party from the ballot – making any effort to seek U.S. Supreme Court review extraordinarily difficult.

But we found a way. We worked around the clock and just filed an Emergency Application to Vacate Orders of the Supreme Court of Nevada and District Court of Nevada at the U.S. Supreme Court, alongside the Center for Competitive Democracy and More Voter Choice Fund. We’re urging the high Court to intervene and prevent Nevada from printing more ballots without all the qualified candidates’ names until the Court has the opportunity to fully hear, and ultimately decide, the case.

What happened in Nevada is sickening and should concern all Constitution-loving Americans, regardless of party or political beliefs. On the last day to file a legal challenge, the Nevada State Democratic Party sued to block the Nevada Green Party’s candidate, Jill Stein, from the presidential election ballot there.

It was a blatant attempt to clear the field for Kamala Harris’ campaign. For the party that keeps complaining about supposed threats to democracy, nothing could be a bigger threat to democracy than taking away the right of Americans to vote for the candidate of their choice.

To make matters worse, Nevada’s Secretary of State (who happens to be a member of the same party that filed the lawsuit) had instructed the Green Party to use a certain petition when it was collecting the necessary signatures to have their candidates placed on the ballot. They went and got more than enough signatures, but, lo and behold, the Secretary of State had told them to use the wrong affidavit (missing one line that ultimately does not advance the law’s point for the affidavit in this situation). Of course, the Green Party relied on the Secretary of State’s instruction, as many would. The Secretary of State is, after all, the state office that administers the state’s election code and procedures.

That’s when, at the last minute, the Democrat Party swooped in with its lawsuit, demanding that the Green Party’s candidates be barred so that Nevadans could not engage in their right to vote for the candidate of their choice.

The trial court ultimately rejected the lawsuit, but then the Democrats appealed it to Nevada’s Supreme Court. That court then overruled the trial court this past Friday, but it did not issue its opinion and order until September 6, the date upon which the Nevada Secretary of State was to begin printing the ballots. That court then sent the case back to the trial court with instructions to essentially enter final judgment and close the case that same day, complicating any chance of U.S. Supreme Court review.

Of note, the Colorado Supreme Court, even in its erroneous decision removing President Trump from the ballot, stayed its own order with the express intention of allowing the U.S. Supreme Court the opportunity to weigh in. The Nevada Supreme Court did not follow suit, making the appeal far more difficult.

But recognizing the constitutional dangers of this election lawfare, the ACLJ quickly got to work. We must fight for the constitutionally protected rights and freedoms of all Americans. If the legal system can be weaponized against any party or candidate, here, the Green Party of Nevada, then it can be weaponized against you. And it can be used against your preferred candidate.

We succeeded in defending electoral freedom before and now we’re back at the U.S. Supreme Court again. Stand with us as we stand for our Constitution and your right to vote for the candidate of your choosing.

UPDATE 09.18.2024: Supreme Court Justice Elena Kagan ordered the Democrats to respond by Tuesday, September 17, at 4 p.m. Today the ACLJ filed our reply, which you can read here.