Court Rejects Effort To Overturn Clark County Commission Election
Saying the losing candidate cited the wrong statute in his lawsuit, the Nevada Supreme Court rejected an effort Thursday to overturn November’s razor-thin Clark County Commission election in District C.
Democrat Ross Miller prevailed by 15 votes in a race that saw more than 153,000 ballots cast in the northwest valley district. Losing Republican candidate Stavros Anthony, a Las Vegas councilman, filed suit to force a new election.
The Supreme Court said the suit was filed under a statute that addresses voting access and not irregularities in the election process, which Anthony contended. The court ruled that because no voters were prevented from casting their ballots, the results of the election stand.
“We conclude that Anthony's challenge does not warrant a new election under NRS 293.465, as nothing prevented the election from occurring or voters from casting their votes in the election,” Chief Justice James Hardesty wrote in the opinion. “Rather, when a candidate challenges an election based on errors in the conduct of the election, as Anthony has done here, an election contest pursuant to NRS 293.407-.435 is the exclusive mechanism for such a challenge.”
Justice Abbi Silver recused herself from the case; all of the remaining justices voted to reject Anthony’s appeal. The decision upholds a District Court ruling.