Nevada’s Supreme Court has opted not to intervene in an electoral dispute following a controversial decision by Washoe County regarding the certification of recount results from the June primary. This decision comes despite urging from state election officials concerned about maintaining electoral integrity.
Democratic leaders sought clarity from the justices to establish that counties do not possess the legal authority to refuse certifying election results.
The court ruled that the issue had become moot after Washoe County Commission re-evaluated its prior decision and voted 3-2 in favor of certifying the results the following week.
While the court dismissed Secretary of State Cisco Aguilar and Attorney General Aaron Ford’s request for a ruling against the commission’s initial action, it underscored its legal capacity to address such matters in the future should similar issues arise.
The court noted, “Even if an issue is moot, we may still consider it if it constitutes a matter of widespread importance capable of repetition.”
Aguilar and Ford expressed concerns that the county commission might refuse to certify the results of the general election scheduled for November. Although the court acknowledged the significance of this concern, it was not convinced of its likelihood.
Election certification, once a routine process, has gained attention since the 2020 election cycle. A similar situation occurred during the recent midterms, where a New Mexico county delayed certification until the state supreme court intervened.
Nevada law mandates that county commissions complete the canvassing of election results, including recounts, by specific deadlines, without the discretion to decline this duty.
The implications of certification issues are particularly significant in Washoe County, a crucial swing region that includes Reno and Sparks, where voter registration is evenly divided among Democrats, Republicans, and nonpartisans.
Following the court’s decision, Aguilar and Ford expressed disappointment that further legal clarity was not provided before the upcoming general election on November 5.
Ford stated, “Legal uncertainty in this matter contributes to unfounded distrust in our elections.”
Aguilar reiterated the need for a supportive legal framework for election workers, emphasizing that voters deserve confidence in the electoral process and that elected officials should be held accountable.
Among the county commissioners, Republicans Jeanne Herman and Mike Clark have consistently opposed certifying results, aligning with a broader movement promoting election conspiracy theories. Republican Clara Andriola, who initially sided with them, later reversed her stance after consulting with the county district attorney, acknowledging that the commission is obligated to certify election results.
“Our responsibility is to follow the law,” Andriola affirmed.
