UPDATE (KNPR) — The Nevada Secretary of State and Attorney General on Wednesday filed a petition with the Nevada Supreme Court to compel Washoe County to certify the results of two recounts, they said in a joint statement.
Read the full statement below:
Today, Nevada Secretary of State Francisco V. Aguilar and Nevada Attorney General Aaron D. Ford issued a joint statement after three Washoe County Commissioners failed to canvass the recount of two vote totals for the June Primary Election:
“This week, three county commissioners refused to canvass accurate election results as required by law. This vote has the potential to set a dangerous precedent for elections in Nevada. It is unacceptable that any public officer would undermine the confidence of their voters,” said Secretary Aguilar.
“When the Board of Commissioners failed to perform its duty to certify the authenticated results of the recount, it failed to meet the expectation of Nevada voters that the election results would reflect the votes of the majority,” said AG Ford.
As Attorney General and Secretary of State, and out of our duty to the rule of law in Nevada, we are calling on the courts to confirm the legal obligations of county commissioners and require the entire Washoe Board of County Commissioners to canvass and certify the accurate, recounted election results.
“Voters must have confidence in their democracy, that every eligible voter can cast their ballot and have it counted with equal weight and due process. Nevada runs some of the most secure, accessible, and transparent elections in the country. This is true in every county and for every election,” said Secretary Aguilar.
Secretary Aguilar continued, “The Washoe County Registrar’s Office, and countless other election officials, worked long days and nights to meet all of their legal obligations. The Nevadans who took the time out of their lives to fulfill their civic duty and vote in these June Primaries deserve finality in this election and the assurance that their voices were heard. These Commissioners have failed to do their part in this process under law.
The importance of this issue cannot be overstated. This law is nonpartisan, and this response is about something far more serious than any political stance or office: the democratic process itself. We remain committed to ensuring fairness in every electoral process in Nevada—from the time the first ballot is cast until all results are certified.”
AG Ford added, “In our democracy, everyone must do their part to safeguard the fairness and accuracy of our elections, which is why today my office, on behalf of Secretary Aguilar, filed a Petition for Writ of Mandamus with the Nevada Supreme Court after the Board of Commissioners refused to certify the accurate results of the candidate-requested recounts.”
“I take serious the role of the Attorney General’s Office to defend Nevada’s elections against anyone who might try to delegitimize accurate election results or undermine a count of the people, and I will never hesitate to join the Secretary of State in protecting Nevada’s elections.”
The Petition has been filed with the Nevada Supreme Court. File-stamped copies of the Petition will be provided once available from the Nevada Supreme Court.
By Gabe Stern/Associated Press
Commissioners in Nevada’s second most populous county on Tuesday refused to certify the results of two local recounts from last month’s primary, a rare move that has potential implications for the presidential race in one of the nation’s most important swing states.
The three Republican members on the five-member Washoe County Board of Commissioners voted to reject the results of recounts in one race for a commission seat and another for a local school board seat. What happens next is unclear.
The county elections department and district attorney’s office declined to comment, along with the state attorney general. A request for comment from the secretary of state was not immediately returned.
The rejection of the recounts and questions over how to handle it raised concerns about what could happen in November if a local commission refused to certify the presidential election results.
Once seen as a mundane and ministerial task, election certification has become a pressure point since the 2020 election. During the midterms two years later, a scenario similar to what is unfolding in Washoe County played out in New Mexico after that state’s primary, when a rural county delayed certification of the results and relented only after the secretary of state appealed to the state’s supreme court.
The vote was first reported by KRNV-TV.
The certification standoff is the latest election controversy to roil Washoe County, which includes Reno and its suburbs and has narrowly voted for the Democrat in the last two presidential contests. Conspiracy theories about voting machines and distrust of election administrators have led to harassment and high turnover in the local election office the past four years. They also were on display Tuesday during the commission meeting in downtown Reno.
The public comments were filled by residents who alleged irregularities in the election, demanded a hand-count of ballots and sometimes spouted false claims of stolen elections and a “cabal” within the county.
Against that backdrop, and rapid election staff turnover, the county elections department has also made certain administrative mistakes, like sending mail ballots to voters who had opted out of receiving them and misprinting certain local sample ballots, though none that affect tabulation.
Two of the Republican commissioners, Jeanne Herman and Mike Clark, have consistently voted against certifying results and are supported by the wider movement within the county that promotes election conspiracy theories. Republican Clara Andriola, who that movement has targeted in the primaries, joined them in voting against certification of the recounts, one of which involved the primary race she won.
“There’s a lot of information that has been shared that in my opinion warrants further investigation,” said Andriola, who had not previously voted against certifying results. She referenced several “hiccups” by the elections department and referenced public commenters who raised concerns.
She said she was appreciative of the county elections department but wanted to take the certification results to other governing or judicial bodies. She acknowledged that it is not immediately clear what particular entity that will be.
The commission’s two Democratic members voted against rejecting the recount results, which changed just one vote in each of the two races. The board had previously voted to certify the other races from last month’s primary 3-2, with Andriola voting in favor.