Four national organizations championing voting rights and the democratic process this week released state-specific guides for seven battleground states they advise may face threats to election certification come November.
Nevada is among those states, and it was specifically criticized for a delay in Washoe County’s certification of the June primary election results.
Campaign Legal Center, working with All Voting is Local, the Brennan Center for Justice at NYU Law, and Protect Democracy, co-authored the guide, “Nevada Election Certification Processes and Guardrails,” which provides Nevada officials with the legal mechanisms to ensure the results of the 2024 presidential election are certified according to state law.
Three members of Washoe’s Board of County Commissioners refused to certify the June primary election results in July, spurring legal action and setting what Nevada Secretary of State Cisco Aguilar called “a dangerous precedent.”
“State law makes clear that election officials have a mandatory, nondiscretionary duty to canvass and certify elections by the statutory deadlines,” the CLC’s analysis states.
Nevada law mandates that county commissioners must complete the canvass of election results by Nov. 15, 2024, with the secretary of state and Supreme Court justices conducting the statewide canvass on Nov. 26.
If local officials refuse to certify results, the secretary of state, attorney general, candidates, or voters can seek a writ of mandamus to compel certification. This legal action proved effective earlier this year when the Washoe County Board of Commissioners initially refused to canvass primary election recount results.
Courts have additional tools to enforce certification orders, including directing another individual to carry out the task or holding non-compliant officials in contempt.
The CLC guide also notes that state officials can issue regulations and guidance emphasizing the mandatory nature of certification. The attorney general and district attorneys have the authority to investigate and prosecute criminal offenses related to election interference.
“Refusing to certify an election could violate several state criminal laws and result in charges,” the analysis notes.
Nevada’s safeguards align with the federal Electoral Count Reform Act, which requires states to certify presidential electors by Dec. 11, 2024. The act provides for expedited judicial review if this deadline is missed.
Source: Campaign Legal Center
