Nevada Supreme Court refrains from intervening in dispute over election result certification, temporarily

In a recent development in Nevada, the state’s Supreme Court has decided not to intervene in an electoral dispute that arose when one county initially rejected certifying recount results from the June primary. Both the Secretary of State, Cisco Aguilar, and Attorney General Aaron Ford had urged the court to clarify that counties do not have the legal authority to refuse to certify election results.

The court ruled that the issue became irrelevant after the Washoe County Commission reversed its initial 3-2 vote against certification during a re-vote the following week. Despite dismissing Aguilar and Ford’s request for a ruling declaring the commission’s actions illegal, the justices emphasized that they possess the authority to do so and could act swiftly if a similar issue arises again.

Although Aguilar and Ford expressed concerns that the county commission might refuse to certify results for the upcoming general election in November, the court noted the importance of the issue but was not convinced that a recurrence was likely.

Election certification, once considered routine, has become a focal point since the 2020 election. Aguilar and Ford argued that Nevada law obligates county commissions to canvas election results by a specified date, including recounts, as a mandatory legal duty. They emphasized that commissioners have no discretion to decline or neglect this responsibility.

The certification dispute in Washoe County has broader implications for the upcoming general election in a crucial swing county that includes Reno and Sparks. While expressing disappointment over the court’s decision, Aguilar and Ford highlighted the need for legal clarity to foster trust in the election process.

Two Republican Washoe County commissioners, Jeanne Herman and Mike Clark, consistently opposed certifying results and are backed by a movement promoting election conspiracy theories. Despite initially voting against certification, Republican Clara Andriola, who was targeted by the same movement in the primaries, ultimately supported certifying the recount numbers after consulting with the county district attorney’s office.

Andriola underscored the commission’s duty to abide by the law and certify election results without discretion. The court’s decision not to intervene in the current dispute has left Aguilar and Ford hopeful that the judiciary will act decisively if necessary in the future.