Nevada Attorney General Aaron Ford and Secretary of State Francisco Aguilar on Wednesday filed a petition with the Nevada Supreme Court to compel Washoe’s Board of County Commissioners to certify the primary election results.
Nevada law states that commissioners have a duty to certify election results. However, Commissioners Clara Andriola, Mike Clark and Jeanne Herman on Tuesday voted against certifying the results, following a recount, saying there were too many issues with the primary election and a pending lawsuit.
In the joint statement, Ford and Aguilar said commissioners had failed in their duty to canvass the vote, setting a dangerous precedent and undermining the confidence of voters.
“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,” Ford said.
Members of the Let Nevada Vote Coalition quickly released additional statements supporting Ford and Aguilar’s actions.
Coalition member Kerry Durmick, executive director of All Voting is Local Nevada, said accountability for voters should be a top priority.
“What happened … was an attack against voters and an attempt to undermine our democracy,” she said. “We must always do right by voters and accept the will of the people. Commissioners Herman, Clark, and Andriola had a legal obligation to fulfill at [the] canvassing hearing, but they chose not to do so. Due to their actions, Washoe County now faces legal action … It’s unfortunate that this has to happen, but voters deserve to have their voices heard and their votes respected.”
ACLU’s Athar Haseebullah said the legal action was “beyond necessary.”
“Our systems aren’t perfect nor is our state, but as long as there are folks out there who will continue to fight for democracy, attempts by fringe conservatives to destroy democracy won’t be successful,” he said.
Read the full statement
“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 seriously 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.”
