Wednesday, November 11, 2020

The Nevada Republican Party Broke Federal Law

Members of the public are not free to violate federal administrative regulations. An administrative rule has the force of law.
As you are probably aware, the Nevada Republican Party has sent a list of about 3,000 people who, they claim, do not reside in Nevada but voted in Nevada, to AG Barr. As the Wall Street Journal noted, the list undoubtedly includes service members who are permitted to vote in their home state after a transfer.

The Wall Street Journal also indicated that the list sent to Barr did not include move dates.

Of course there are many legitimate reasons for people to vote in one state after moving to another including the possibility that a move is temporary or the mover is a student. Or the effective date was after the election. There are many possibilities.

But there is more to this.
It has been reported that the Nevada Republican party used the national change of address database to compile their list.

The United States Postal Service has a product called NCOALink. It provides the change of address database (under strict regulations) to licensees who, in turn, provide data to end users. The regulations are essential because they allow for the use of the data in limited circumstances while not violating the Privacy Act of 1974.

In at least two ways, the Nevada Republican Party has violated the regulations.

The first is that they were required to sign a statment saying (emphasis added):
I also understand that the sole purpose of the NCOALink service is to provide a mailing list correction service for lists that will be used for preparation of mailings. Furthermore, I understand that NCOALink may not be used to create or maintain new movers’ lists.
The Nevada GOP used the list for an impermissible purpose. Now you might say that they had the data previously as part of maintaining their mailing list. However, they are required to return the data to the licensee within seven days and they would still be using it impermissably.

The second problem is that end users are explicitly prohibited from sharing the data with a third party. That would include AG Barr.

It is ironic that Republicans are baselessly claiming massive voter fraud when they offer no evidence whatsoever. Yet evidence exists that, in this case, Republicans have violated the law.

Obviously, there are not enough possible issues with the list to change the results in Nevada. Biden prevailed in the state by more than 35,000 votes. Therefore, the intent is to undermine confidence in the election process. The wave-the-flag set is doing perhaps the most unpatriotic act (short of treason) possible.

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