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    Union Complaint

    Uploaded by

    Dash Jones

    Copyright:

    Attribution Non-Commercial (BY-NC)
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    NEVADA DEPARTMENT OF STATE DIVISION OF ELECTIONS AND ELECTION INTEGRITY TASK FORCE, IN RE 2010 GENERAL ELECTION BABETTE RUTHERFORD, a Registered ‘Voter in the State of Nevada Complainant. COMPLAINT 1. Complainant Babette Rutherford (hereinafter, “Complainant”), a registered voter in the State of Nevada, by and through undersigned counsel, hereby files this Complaint pursuant to Nev. Admin, Code § 293,025, based on numerous violations of Title 24 of the Nevada Revised Statutes. 2. The Secretary of State has jurisdiction over this Complaint pursuant to Nev. Rev. Stat. § 293.124(1), which designates him the Chief Officer of Elections for Nevada, and provides that he “is responsible for the execution and enforcement of the provisions of title 24 of [the Nevada Revised Statutes] and all other provisions of state and federal law relating to elections in this State.” Overview 3. The Secretary of State has publicly stated that any potential violations of Title 24 of the Nevada Revised Statutes should be reported to his office and the Nevada Election Integrity Task Force (hereinafter, “Task Force”) established by his office, The Complainant hereby submits this Complaint in response to the Secretary’s request for documentation and evidence of potential violations of provisions of Title 24. 4, Complainant respectfully requests that the Secretary of State and Task Force take immediate steps to protect the right of all union members in the State of Nevade to be able to cast a secret ballot for the candidates of their choice at the 2010 general election (hereinafter, “the Election”), without fear of reprisals, recriminations, job loss, or other adverse actions resulting from union bosses’ improper and heavy-handed inftingement upon their members’ fundamental voting rights, which rights are guaranteed to every citizen of the United States. 5. During the course of early voting, Complainant has actually witnessed, and is aware of numerous reports about, labor union leaders’ activities in and around polling places in Clark County. The reports indicate that several unions are engaging in activities that appear to be intended to intimidate and coerce their members into casting their votes in the Election under the close scrutiny and supervision of union personnel. Union personnel have gone far beyond merely busing union members to Early Voting polling locations—which, in itself, would be unobjectionable—to: a. personally escorting members from cach bus directly to each polling location’s entrance, in order to prevent members from attempting to go somewhere else instead (i.., a store in a mall that contains an Early Voting polling location), or declining to enter the polling location in order to cast their votes in greater privacy later; b. surrounding the perimeter of polling locations to conspicuously monitor members’ activities from a variety of angles and prevent members from leaving; ¢. hovering, often in an intimidating or menacing manner, immediately adjacent to the boundaries of polling locations, as members attempt to cast their votes; and 4. scrutinizing, staring at, and monitoring the activities of members within the polling location, to ensure that the members not only cast their votes, but also know that they are being watched, 6. Unions also have been attempting to induce their members to cast ballots in the Election by offering lunch to any member who is bused to an Early Voting polling location in order to cast his or her vote under the tight scrutiny and supervision of union officials. 7. Petitioner respectfully requests that the Secretary of State and Task Force expeditiously investigate this Complaint and take immediate action to prevent similar violations of the State's Election Code throughout the remainder of the Election. Specifically, Complainant requests that the Secretary of State and Task Force disseminate public warnings to, and through, each county’s election officials to ensure that poll workers take whatever steps are necessary to prevent unions, union leaders, and others from taking any actions that could coerce, intimidate or harass union members during the Election and voting process. 8. Complainant further requests, pursuant to Nev. Rev. Stat. § 293.840, that the Secretary of State impose civil penalties of up to $20,000 for each violation of the State Election Code on any and all union leaders found to have engaged in improper or illegal behavior. 9. Complainant further requests that the Secretary of State and Task Force refer any violations of state or federal criminal law to the appropriate authorities for prosecution, Applicable Federal and State Statutes and Regulatory Provisions 10. Voter Bribery— a. A “person who bribes, offers to bribe, or uses any other corrupt means, directly or indirectly, to influence any elector in giving his or her vote or to deter the elector from giving it is guilty of a category D felony.” Nev, Rev. Stat. § 293.700. b. “Whoever makes or offers to make an expenditure to any person, either to vote or withhold his vote, or to vote for or against any candidate . .. [sJhall be fined under this title or imprisoned not more than one year, or both; and if the violation was willful, shall be fined under this title or imprisoned not more than two years, or both.” 18 U.S.C. § 597. 11. Voter Intimidation—*It is unlawful for any person, in connection with any election,” to: ‘a, “Use or threaten to use any . . . coercion . . . or undue influence; b. “Inflict or threaten to inflict any physical or mental injury, damage, harm or loss upon the person or property of another . . ce. Use vote;” or luress" to “compel, induce or prevail upon any elector to give ... his or her 4. “Discharge or change the place of employment of any employee with the intent to impede or prevent the free exercise of the franchise by such employee.” Nev. Rev. Stat. § 293.710(1); see also 18 U.S.C. § 594; 42 U.S.C. § 1973i(b). 12, Interference with Election—*A person shall not [remain in or outside of any polling place 0 as to interfere with the conduct of the election.” Nev. Rev. Stat. § 293.730(1)(a). 13. Poll Watchers— a, “Before observing the conduct of voting at a polling place . . . a person must sign a form prescribed by the Secretary of State.” Nev. Admin. Code § 293.245(2). b. “A person observing the conduct of voting at a polling place... may remain in an area designated by the chairman of the election board to observe the activities conducted at the polling place without interfering with the voting,” id. § 293.245(6). Pattern of Hlegal Conduct 14, Upon information and belief, several labor unions have been engaging in a patter of illegal and/or improper conduct in connection with the Election at Barly Voting polling locations, 15, On numerous occasions throughout the Early Voting period, union personnel have bused union members to Early Voting polling locations. In order to induce union members to participate in this program and cast their votes under the close scrutiny and supervision of union personnel, the union personnel offer to provide lunch, most often in a lunchbox or lunch bag. a. Such inducements constitute clear-cut violations of 18 U.S.C. § 597, which makes it illegal to make any expenditures (including the cost of lunch) to induce any person not only to. “vote for or against any candidate,” but also simply “to vote” in general, This provision expressly provides that an inducement to vote is illegal, regardless of whether the actor attempts to impel the voter to cast a ballot for a particular candidate. b. Such inducements also violate Nev. Rev. Stat. § 293.700, which prohibits anyone from using “corrupt means, directly or indirectly, to influence any elector in giving his or her vote.” Nev. Rev. Stat. § 293.700. 16. Many of the union personnel who participate in this vote monitoring and intimidation effort wear either union t-shirts or official-looking polo shirts emblazoned with the designation “Political Operations Team,” which is reasonably likely to mislead people into falsely believing that the union supervisor is acting in a governmental or quasi-governmental capacity or otherwise exerting authority under color of law. The fact that many of the union personnel at each polling location often wear the same official-looking attire bolsters and reinforces the coercive impact of their presence and scrutiny. 17. When a union bus arrives at its designated Early Voting polling location, it typically is met by union personnel assigned to that location to aet as escorts. Most of the union members who disembark from the buses are wearing uniforms that clearly identify them as casino personnel, such as housekeepers, waiters, cooks, janitors, or dealers. Most of them also tend to be carrying similar-looking or identical lunchboxes or lunch bags. Some of the lunchboxes have the name of a particular casino written on them, and in other cases the name of their casino is written on a placard in the bus’ front window. 18. Union personnel lead the members from the bus info the building containing the polling location, and then directly to the immediate entrance of the polling location itself, to deter or prevent the union members from proceeding anywhere else instead. 19. A union supervisor frequently is stationed immediately at the entrance to the Early Voting polling location itself in order to deter and dissuade members from changing their mind or declining to enter. 20. Other union personnel surround the perimeter of the polling location in order to monitor ‘union members at each stage of the process. In some cases, they are immediately adjacent to the boundaries of the polling location; in other cases, they remain approximately two or three feet away from the boundary. Often, the union personnel stand with their arms crossed, staring intensely into the polling area in a disquieting manner. 21. The union personnel strategically position themselves at various points around the boundaries of the polling location to ensure that one or more of them are able to monitor their members’ activities at all times. 22. The union personnel typically do not check in with the Team Leader of the election board for the polling location, or any other election personnel, before monitoring their members” activities within the polling location. They do not sign in as poll watchers, as required by Nev. Admin. Code § 293.245(2); confine themselves to the area at the polling location specially designated for poll watchers, as required by Nev. Admin, Code § 293.245(6); or wear the sticker distributed by election board personnel to identify themselves as poll watchers. 23. Union personnel engaging in this monitoring and intimidation effort typically remain at their designated polling location for several hours at a time, and potentially even all day. 24, When one or more members are done voting, union personnel escort them either to a waiting area or directly back to the bus. 25. The combination of union-provided transportation; the proximity with which union personnel escort members directly to the immediate entrance to the polling location and from the polling location’s exit; the presence of union personnel around the boundaries of the polling location; the close proximity of union personnel to the boundaries of the polling location while ‘members are voting; and the intensity with which union personnel monitor the activities of members while they are in the voting area collectively give rise to an atmosphere of intimidation and coercion that violates Nev. Rev. Stat. § 293.710(1), 18 U.S.C. § 594; and 42 U.S.C. § 1973i(b). It also interferes with the free conduct of the election, in violation of Nev. Rev. Stat. § 293.730(1)(a). 26. There are at least three Early Voting polling locations within Clark County where conduct such as this has occurred: the Boulevard Mall, Las Vegas Outlet Center, and Clark County Government Center (Regional Transportation Commission). Boulevard Mall Polling Location 27. On Wednesday, October 27, 2010, union personnel were present at the Early Voting polling location at the Boulevard Mall on South Maryland Parkway and East Desert Inn Road in Las ‘Vegas. Over the course of the day, at least 3 buses dropped off union members to cast their votes under the scrutiny of union personnel. Approximately 20 passengers disembarked each of the buses. 28. Atleast 8 union personnel were involved in closely escorting the members from their bus directly to the immediate entrance of the polling location, carefully monitoring the polling location, and scrutinizing the activities of union members as they attempted to vote within it 29. At least six of the union personnel were wearing white polo shirts with the designation “Political Operation Team” on the left breast area. Some of the personnel wore beige jackets over their shirts that also stated, “Political Operations Team.” None of the union personnel was ‘wearing the sticker that Clark County election boards distribute to poll watchers who have signed the legally required form as a condition for observing the conduct of voting at a polling location 30. One of the union employees stood at the immediate entrance to the polling location to ensure the members entered. Other union personnel were stationed, immobile, on all sides of the polling location, either immediately adjacent to its boundary or within approximately three feet of it. Most of them had their arms crossed and were staring intensely into the polling area, carefully watching the union members as they voted. 31. One of the union members had a packet of papers that appeared to be a list of the union members who were supposed to be voting. Other union personnel periodically consulted the list. 32. Almost all of the passengers escorted into the polling area were carrying lunchboxes. Some were labeled as being from the Bellagio, others from Caesar’s Palace. 33. Three properly registered poll watchers, two of whom are attorneys, were present to observe this process. One of the poll watchers asked the Election Board Team Leader, “Julie,” why she was permitting the union personnel to hover around the boundaries of the polling location and watch people vote without requiring them to sign in, wear stickers, or confine themselves to the poll watchers’ area, Julie replied that she didn’t know what he was talking about, and asked him to point out the union personnel. The poll watcher did so, and Julie walked over to speak with one of the union supervisors for approximately three minutes. 34. A few minutes later, when Julie returned to the poll watchers, none of the union personnel had moved away from the boundary to the polling location. One of the poll watchers again inquired about the union personnel, pointing out that they reasonably could be making some of the voters feel intimidated. She replied that “of course” the union personnel were watching the ‘members vote because that’s the “whole point” of busing them here. The union personnel did not want the members to be walking around, shopping, or not voting. 35. Julie also explained that the union had found out that, the previous day at the Boulevard Mall location, approximately 40 people who they had been bused in apparently didn't vote. She further stated that she “appreciates” the assistance of the union personnel and finds them “helpful,” because she does not have enough staff of her own to “corral” the large busloads of people that the unions bring in to vote all day. 36. One of the attorneys asked, “What if they don’t want to be watched while they vote?” Julie responded, “Then they shouldn’t have gotten on the bus.” She reiterated that point several times during the conversation. When the attomey asked whether the union supervisors” acts could be considered voter intimidation, she replied, “It’s not like anyone is going to take them [the union ‘members attempting to vote] out back and kill them.” 37. The actions of the union personnel created an intrusive, coercive, and intimidating atmosphere at the Boulevard Mall Early Voting polling location that interfered with the free conduct of voting by union members. The comments of the Team Leader reveal a disturbing indifference to the legal and constitutional rights of the union members to freely participate in the Election. 38. Pursuant to Nev. Admin. Code § 293.025, the affidavits of Will Rubens (see Attachment 1) and Complainant Babette Rutherford (see Attachment 2) are included as proof of these violations of the Nevada Revised Statutes and United States Code. Las Vegas Outlet Center Polling Location 39. From Sunday, October 24, through Wednesday, October 27, a van or bus (depending on the day) transported groups of what appeared to be union members, at regular intervals, to the alley behind the Las Vegas Outlet Center, a building in which an Early Voting polling location had been established. A minimum of six such bus trips were made during that period. Each bus carried between one and approximately thirty passengers, who appeared to be wearing various casino employee uniforms. 40. A bus from Monday had a placard in the front window stating “Luxor,” while buses on Tuesday and Wednesday featured a placard stating “Monte Carlo,” Other buses did not appear to have any such identifying markings. 41. On Monday, each bus was met in the alley by an escort who had been waiting there for it; on Tuesday and Wednesday, each bus was met by three or four escorts, The escorts on Tuesday wore red shirts featuring the logo for the union UNITE HERE, and the slogan “First we march, then we vote” printed in Spanish on the front, and English on the back. 42. The escorts walked with the passengers through the back door of the Outlet Center, into the food court where the Early Voting polling area was located, and directly to the entrance of the polling area. One or more escorts, standing immediately outside the polling location, then watched the passengers vote, When the passengers finished voting, escorts brought them, either one at a time or in small groups, through the food court exit to the back alley, where they re- boarded the bus. 43. None of the escorts were wearing the sticker that Clark County election boards distribute to poll watchers who have signed the legally required form as a condition for observing the conduct of voting at a polling location. 44. One of the escorts was overheard stating that the passengers had to be watched to ensure they did not run off and go shopping instead of voting, Ona different occasion, an escort also was heard stating, “We do whatever we have to, to get them here.” 45. On Tuesday, one of the escorts was overheard discussing the need to get lunchboxes for the passengers, because they had only twenty left. The following day, the passengers were seen carrying lunchboxes and lunch bags into the polling place. 46. The actions of the union escorts created an intrusive, coercive, and intimidating atmosphere at the Las Vegas Outlet Center Early Voting polling location that interfered with the free conduct of voting by union members. 47. Pursuant to Nev. Admin. Code § 293.025, the affidavits of Evelyn Fouquet (see Attachment 3), Susan Proescher (see Attachment 4), and Shawni Vick (see Attachment 5) are included as proof of these violations of the Nevada Revised Statutes and United States Code. Clark County Government Center Polling Location 48. On Wednesday, October 27, 2010, at approximately 2:00 P.M., a bus transported a group of what appeared to be union members to the Clark County Government Center, where an Early ‘Voting polling location had been established. The bus stood in the fire lane approximately 100 feet from the building’s entrance. 49, Union personnel were stationed every 20 to 25 feet along the path between the bus and the entrance to the Government Center. Most of them were wearing white polo shirts with the designation “Political Operation Team” on their left breast area. Some of the personnel were wearing beige jackets over their shirts that also stated, “Political Operations Team.” 50. Union members who rode the bus to the Early Voting polling location had to proceed past each of these “Political Operation Team” members in order to enter the building to vote. 51. The actions of these union personnel escorts created an intrusive, coercive, and intimidating atmosphere at the Clark County Government Building Early Voting polling location that interfered with the free conduct of voting by union members. 52. Pursuant to Nev. Admin. Code § 293.025, the affidavit of Will Rubens (see Attachment 6) is included as proof of these violations of the Nevada Revised Statutes and United States Code. Conclusion 53. The evidence provided to the Secretary of State and Task Force establishes that various unions have been systematically and repeatedly engaging in violations of the Nevada Revised Statutes, Nevada Administrative Code, and United States Code throughout the Early Voting period. Complainant Babette Rutherford respectfully requests that the Secretary of State and ‘Task Force investigate these allegations, take appropriate civil and criminal action against the unions that have perpetrated these offenses, and impose preventive measures to prevent similar intimidation, coercion, bribery, undue influence, and violations of the rules governing poll watchers from recurring, in order to protect the sanetity of the secret ballot for all citizens, including union members in the State of Nevada, 311 E. Liberty St. Reno, NV 89501 Phone: (775) 323-1321 Fax: (775) 323-4082 E-mail: info@omaralaw.net Counsel for Complainant Babette Rutherford Attachments ATTACHMENT 1 DECLARATION OF William Rubens STATE OF NEVADA ) dss. COUNTY OF CLARK ) 1, William Rubens have personal, first-hand knowledge of the statements contained in this Declaration and know them to be true, except for statements premised upon information and belief. ‘As to statements premised upon information and belief, I believe said statements to be tue and will competently testify as to the supporting information, if called upon to do so. 2. Lam at leastjeighteen years of age, and of sound mind. 3. __ Iwas a polhwatcher at the Boulevard Mall on Wednesday, October 27. I observed no less than 8 labor union organizers standing just outside the polling area watching to make sure all of their union members voted. These organizers Were wearing shirts and jackets that displayed union logos and displayed the name “Political Operations Team”, When attorney poll watchers ‘Will Rubens and Shawn Packer complained about the intimidation tactics displayed by the union organizers, the polling place team leader stated that the organizers were helpful to her in making sure that all their members voted, and that the unions had complained that some members were being bused to the mall and not voting. ‘The team leader further stated that the union members shouldn’t get on the union buses if they didn’t want to be observed while they vote. The team leader also stated that, “It's not like they are taking anyone out and killing anyone.” Further Affiant sayeth not. I declare under penalty of perjury that the foregoing is true and correct. 0 /p, (Full Name} ATTACHMENT 2 Oct 27 10 06:08 p2 DECLARATION OF .__ Babette Rutherford STATE OF NEVADA ) dss. COUNTY OF CLARK ) J Babette Rutherford have personel, first-hand knowledge of the statements contained in this Declaration and know them to be true, except for statements premised upon information and belief, As to statements premised upon information and belief, I believe said statements to be true and will competently testify as to the supporting information, if called upon to do so. 2. Lam at feast eighteen years of age, and of sound mind, 3. Tamma legally registered voter in Clark County, Nevada, My voter registeation was Completed and approved priox to October 2, 2010, I successfully have voted in mumerous elections in Clare County. 4. Twas apoll watcher atthe Boulevard Mallon Wednesday, October 27, 1 observed no less than 8 labor union organizers standing just outside the polling area watching to make sure all of thei union members voted. These organizers were wearing shirts and jackets that displayed union logos and displayed the name “Political Operations Team”. When attomey poll watchers ‘Will Rubens and Shawn Packer complained about the intimidation tactics displayed by the union organizers, the polling place team leader stated thatthe organizers were helpful to her in making suce that all their members voted, and that the unions had complained that some members were being bused to the mall and not voting, The team leader further stated thet the union members shouldn't get on the union buses if they didn't went to be observed while they vote, The team leader also stated thit, “It's not like they are taking anyone out and killing anyone.” Further Affiant sayeih not, ‘I declare under pensity of perjury that the foregoing is trac and comect, Executed on x ‘(Full Name} ATTACHMENT 3 @15 Pao 22 "22 eae DECLARATION OF EVELYN FOUQUET STATE OF NEVADA ) Js. COUNTY OF CLARK ) 1, Evelyn Fouquet hereby declare as follows: 1. Lhave personal, first-hand knowledge of the statements contained in this Declaration and know them to be true, except for statements premised upon information and belief. As to statements premised upon information and belief, I believe said statements to be true and will competently testify as to the supporting information, if called upon to do so. 2. 1am at least eighteen years of age, and of sound mind. 3. Lama legally registered voter in Clark County, Nevado. My voter registration was completed and approved prior to October 2, 2010. I successfully have voted in numerous elections in Clark County. 4. On October 27, 2010, from approximately 10am to 2pm, I served as a volunteer poll watcher for early voting at the Las Vegas Outlet Mall in the Green Food Court on Las Vegas Boulevard South on the comer of East Warm Springs. 5. Periodically, during the day, groups of people wearing casino employee uniforms, inchuding chefs, dealers, housekeepers, front desk personnel, and/or busboys, were escorted by individuals not wearing casino employes uniforms into the polling place where Early Voting was occurring through the back door of the food court. 6. The escorts acccimpanied the passengers directly to the entrance of the polling area, watched the casino workers vote from outside the voting area, and waited for them by the exit to the polling area. When the casino employees finished voting, the escorts would bring them, either one at a time or in small groups, back out through the food court exit to the alley behind the mall. 7. Along with an aftomey for the Republican Party who was visiting the polling place, I exited the food court and saw a bus in the alley and some of the escorts who had been bringing the casino employees in and out of the building, 8. The casino employees in many cases had identical lunch bags or boxes that they took with them into the polling crea, Further Affiant sayeth not. I declare under penalty of perjury tht the foregoing is true and correct Executed on Octobir 27, 2010 ATTACHMENT 4 DECLARATION OF SUSAN PROESCHER STATE OF NEVADA, ) dss. COUNTY OF CLARK ) I, Susan Proescher, hereby deciare as follows: 1. have personal, first-hand knowledge of the statements contained in this Declaration and know them to be true, except for statements premised upon information and belief. As to statements premised] upon information and belief, I believe said statements to be true and will competently testify 4s to the supporting information, if called upon to do so. 2. Tam at least eighteen years of age, and of sound mind, 3. Lam a legally registered voter in Clark County, Nevada, My voter registration was completed and approved prior to October 2, 2010. I successfully have voted in numerous elections in Clark County. 4. On the following days October 24, 26, 27, 2010, I served as a volunteer poll watcher for early voting at the Las Vegas Outlet Mall in the Green Food Court on Las Vegas Boulevard South on the comer of East Warm Springs from 2pm to closing of the polls. Fach day at regular intervals, ‘groups of people wearing casino employee uniforms, including chefs, dealers, housekeepers, front desk personnel, and/or busboys, were escorted by individuals not wearing casino employee uniforms into the polling place where Early Voting was occurring through the back door of the food court to vote. 5. The escorts accompanied the passengers directly to the entrance of the polling area, watched the passengers vote from outside the voting area, and waited for them by the exit to the polling area. When the casino employees finished voting, the escorts would bring them, either one at a time or in small grops, back out trough the food court exit tothe alley behind the mall 6. On Tuesday, two or the individuals escorting the casino employees in and out of the polling location were wearing bright red tee shirts emblazoned with UNITE HERE, a labor union, and “First we march, the we vote” in English and Spanish. 7. On Wednesday, the 27", the casino employees in two cases had identical boxed meals that they took with them into the polling area, I also overheard the head of the escorted group, who I assumed to be a union organizer, said to one of the election workers and fellow employee. “Whatever it takes. to get them down here.” Further Affiant sayeth not. I declare under penalty of perjury that the foregoing is true and correct. Executed on October 27,2010 f 2, l Susan Proescher ATTACHMENT 5 TT Sent Vice ab clave vnclow i oy & pager ery Rat te Glo ig 6 | et bree ae ahd fo | ee eat ae “T } | | Fam or (9 ad cm

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