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Commission debates lawsuit naming CEO and chair, votes to keep AG advice private
Summary
A federal lawsuit naming Chief Elections Officer Scott Nago and Chair Curtis was discussed Dec. 3. After hours of debate about conflicts of interest and whether attorney‑client privilege should be waived, the commission voted to retain attorney‑client privilege for the Deputy AG’s written advice.
The commission spent a prolonged portion of its Dec. 3 meeting discussing a federal lawsuit that names the chair and the chief elections officer. The deputy attorney general told commissioners the written opinion prepared for the commission contains attorney‑client privileged material and recommended against waiving privilege because it relates to active litigation.
Commissioners sharply debated whether the commission or the individuals named in the suit control privilege and whether the deputy AG’s dual role created a conflict. Several public testifiers urged transparency and that officials involved pay for their own counsel rather than relying on the Attorney General’s office. Others urged caution, saying public release of legal advice could jeopardize ongoing investigations and litigation.
After extended discussion and public testimony, the commission voted by roll call to retain/assert attorney‑client privilege for the DAG’s written advice and to keep the opinion private. Commissioners also discussed options for executive‑session briefings and for securing independent counsel if needed.
What’s next: The commission will keep the DAG’s opinion private for now. Commissioners requested follow‑up briefings and noted the option of executive session if more confidential legal discussion is required. Several public callers renewed calls for the commission to consider personnel action against the CEO or chair; those would require separate agenda items and votes.
