The Nevada Supreme Court has delivered a significant setback to Democratic efforts to mandate the certification of election results that may be fraudulent.
The court rejected a petition from Nevada Secretary of State Francisco Aguilar, who aimed to compel the Washoe County Board of County Commissioners to immediately certify the results of a June primary election recount.
The case revolved around a recount in Washoe County, where discrepancies were reported.
According to Democracy Docket:
Washoe County Commissioners voted to certify the recount for primary election races on Tuesday after facing legal action for refusing to do so last week.
On July 11, the commissioners voted 3-2 against certifying the results of an official recount of two June 9 primary election races — one for a seat on their board and the other for a county school board position.
The three Republicans on the board voted to halt the process while the two Democrats dissented.
That same day, Nevada Secretary of State Francisco Aguilar (D) filed a petition in the state Supreme Court, asking the justices to require the entire Washoe Board of County Commissioners to certify the election results, which is one of their duties under the law.
Then, at a Tuesday meeting, the commissioners voted 4-1 to reconsider their decision and confirm the recount results.
Secretary Aguilar, backed by the Democratic National Committee and the American Civil Liberties Union of Nevada, argued that the certification should move forward without delay to ensure the recount results are included in the final tally.
Aguilar’s petition stressed that the board’s role is strictly ministerial, leaving no room for discretion or personal judgment. He contended that, under state law, their duty to canvass and certify election results is mandatory.
However, the Nevada Supreme Court dismissed the petition, stating it was moot after the certification and highlighting that such decisions fall within the court’s discretion.
According to the ruling:
“Here, petitioner [Aguilar] asserts that there is a high likelihood that respondents will refuse to certify election results in the future—in particular, during the 2024 general election. Petitioner urges this court to address the merits of the petition now to avoid having to resolve the issues set forth in the petition during the November 2024 general election, with the concomitant time restraints involved in election canvassing and certification.“
“While we agree the issue is important and perhaps capable of repetition, petitioner’s argument that the issue is evading review falls flat. Should the Washoe County Board of County Commissioners refuse to canvass election results again in the future, petitioner may seek relief on an expedited basis.”
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