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In Reno, Nevada, the state Supreme Court chose not to intervene in an ongoing election dispute Tuesday. The dispute began following a 3-2 vote by the Washoe County Commission to initially reject certification of the June primary results, a decision that was later reversed and certified the following week.
Democratic leaders had urged the Nevada Supreme Court to issue a final ruling that local officials do not have the legal authority to refuse to certify election results. However, the court rejected the request as unnecessary at the time, saying the issue had been resolved by the commission’s reversal.
The justices acknowledged, however, their ability to address such issues decisively should similar disputes arise in the future. They noted the potential for the issue to recur, especially with the upcoming November general election, despite their current reservations about its likelihood.
The court’s ruling came after appeals from Secretary of State Cisco Aguilar and Fiscal General Aaron Ford, who sought a formal declaration that the commission’s initial denial was unlawful. They argued that such a declaration was essential to preventing future election disputes and ensuring the integrity of the electoral process.
Election certification, traditionally considered a simple administrative duty, has become a subject of controversy after the 2020 election; similar incidents have occurred in other states, such as New Mexico during the 2022 midterm elections.
Aguilar and Ford stressed that county commissions are legally required to review and certify election results by a specific date and that this duty is mandatory and leaves no room for discretion.
Despite disappointment with the court’s decision not to issue a ruling at this time, both Aguilar and Ford stressed the need for legal clarity to strengthen public confidence in the electoral process. They expressed hope that if a serious crisis were to emerge, the court would take appropriate action.
Republican Washoe County Commissioners Jeanne Herman and Mike Clark have consistently opposed certification, citing widespread election conspiracy theories. Even Rep. Clara Andriola, who was initially reluctant despite her primary victory, eventually gave in to certifying the results after further consultations clarified the commission’s mandatory role in the certification process.
Andriola, reflecting on the decision, reiterated the commission’s duty to strictly adhere to the law, stressing the importance of respecting the law to preserve electoral integrity.
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